G.R. No. L-2855; July 30, 1949
BORIS MEJOFF, petitioner, vs. DIRECTOR OF PRISONS, respondent.

FACTS

Boris Mejoff, a Russian alien, entered the Philippines in 1944 with Japanese forces during their occupation. After liberation, he was arrested as a suspected spy. Although ordered released by the People’s Court, the Board of Commissioners of Immigration later found his entry illegal (without inspection at a designated port) and ordered his deportation to Russia on April 5, 1948. Mejoff was detained starting March 18, 1948. Efforts to deport him failed as Russian vessels in Cebu refused to take him. By October 1948, he was transferred to Bilibid Prison, where he remained detained pending deportation arrangements. Mejoff filed a petition for habeas corpus, arguing his entry was legal and that the statutory period for deportation had expired.

ISSUE

Whether Mejoff’s continued detention pending deportation is lawful, considering the length of time he has been held.

RULING

The petition is denied. The Court held that temporary detention is a necessary step in the deportation process. Under Section 37 of the Philippine Immigration Act of 1940, an alien who enters without inspection is subject to deportation within five years. Citing Borovsky vs. Commissioner of Immigration, the Court ruled that detention for a “reasonable time” is permissible while arranging deportation, considering difficulties in obtaining travel documents and transportation. Mejoff had been detained for about 16 months at the time of the decision. The Court found this period not unreasonable, noting that even longer detentions (e.g., 20 months in a U.S. case) have been upheld. Thus, his continued confinement was justified pending deportation efforts. The dissent argued that indefinite detention without conviction shocks conscience and violates due process.

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