G.R. No. L-2852; June 30, 1949
VICTOR A. BOROVSKY, petitioner, vs. THE COMMISSIONER OF IMMIGRATION and THE DIRECTOR OF PRISONS, respondents.

FACTS

Victor A. Borovsky, a stateless alien of Russian birth, was ordered deported by the President in December 1946 after being found an undesirable alien. Two attempts to deport him failed: first, Shanghai authorities refused him entry due to lack of a proper visa; second, a Russian vessel in Cebu refused to take him. He was subsequently detained at the New Bilibid Prison pending further deportation efforts. Borovsky filed a petition for habeas corpus, challenging the legality of his prolonged detention.

ISSUE

Whether Borovsky’s continued detention pending deportation is lawful, considering the significant time that has elapsed since the deportation order.

RULING

The petition is denied. The Court held that temporary detention is a necessary step in the deportation process, and the government has the right to confine an undesirable alien for a reasonable time while arranging deportation. The duration of “reasonable time” depends on circumstances such as difficulties in obtaining travel documents and securing transportation. The Court presumed the government was making bona fide efforts to deport Borovsky, as assured during oral arguments. Since the record did not show indefinite imprisonment under the pretense of awaiting deportation, nor that the government admitted an inability to deport him, and no specific prolonged period of detention was established, judicial intervention was not warranted. The majority declined to set a fixed deadline for his release, citing insufficient data.
Separate Opinions:*
Justice Paras (dissenting) argued that detention must be for a reasonable time; if the government cannot deport within a further six months, Borovsky should be released. Justice Tuason concurred with the dissent but suggested two months as reasonable. Justice Feria dissented, stating indefinite detention violates due process.

AI Generated by Armztrong.