Facts: - Petitioner Boris Mejoff is a Russian citizen who was sent by the Japanese forces during the latter’s regime in PH - He was arrested by the US Army and was handed to the Commonwealth Govt for disposition - The People’s Court ordered his release but the deportation board found that he illegally travelled to the country without travel documents - He was ordered to be deported on the first available transportation to Russia - He was transferred to Cebu Provincial Jail - The Russian vessels that arrived refused to take Mejoff alleging lack of authority to do so - He was then confined at Bilibid - Petitioner contends that o Having been brought legally by Japanese forces to PH, he may not now be deported o The statutory period for deportation has long expired Issues: 1. May petitioner be deported after having been brought legally by Japanese forces to PH? 2. Has the statutory period for deportation expired? Ruling: 1. No. It must be admitted that temporary detention is a necessary step in the process of exclusion or expulsion of undesirable aliens and that pending arrangements for his deportation, the Government has the right to hold the undesirable alien under confinement for a reasonable length of time. 2. No. The meaning of "reasonable time" depends upon the circumstances, specially the difficulties of obtaining a passport, the availability of transportation, the diplomatic arrangements concerned and the efforts displayed to send the deportee away. a delay of twenty months in carrying out an order
Facts:-
PetitionerBorisMejofisaRussiancitizenwhowassentbytheJapaneseforces
during the latters regime in P- e was arrested by the !" #rmy and
was handed to the $ommonwealth %o&tfor disposition- 'he Peoples
$ourt ordered his release but the deportation board found thathe
illegally tra&elled to the country without tra&el
documents- e was ordered to be deported on the (rst a&ailable
transportation to Russia- e was transferred to $ebu Pro&incial
Jail- 'heRussian&essels that
arri&edrefusedtota)eMejofalleginglac) ofauthority to do so- e
was then con(ned at Bilibid- Petitioner contends thato a&ing
been brought legally by Japanese forces to P* he may not nowbe
deportedo 'he statutory period for deportation has long
e+piredIssues,-.
Maypetitionerbedeportedafterha&ingbeenbroughtlegallybyJapaneseforces
to P/0. as the statutory period for deportation e+pired/Ruling,-.
1o.2t must be admitted that temporary detention is a necessary step
in theprocessof e+clusionor e+pulsionof undesirablealiensandthat
pendingarrangements for his deportation* the %o&ernment has the
right to hold theundesirable alien under con(nement for a
reasonable length of time.0. 1o.'hemeaningof 3reasonabletime3
dependsuponthecircumstances*specially the di4culties of obtaining a
passport* the a&ailability oftransportation* the diplomatic
arrangements concerned and the efortsdisplayed to send the deportee
away. a delay of twenty months in carryingout an order of
deportation has not been held su4cient to justify the issuanceof
the writ of habeas corpus.
