DEPORTATION

Definition of DEPORTATION in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DEPORTATION

Banishment to a foreign country, attended with confiscation of property and deprivation of civil rights. A punishment derived from the deportatio (q. v.) of the Roman law, and still in use in France.

In American Law

The removal or sending back of an alien to the country from which he came, the removal from the country of an alien considered inimical to public welfare; the removal of an alien out of the country simply because his presence is deemed inconsistent with the public welfare, and without any punishment being imposed or contemplated. Yonejiro Nakasuji v. Seager, D.C.Cal., 3 F.Supp. 410, 413.

"The removal of an alien out of the country, simply because his presence is deemed inconsistent with the public welfare, and without any punishment being imposed or contemplated, either under the laws of the country out of which he is sent, or under those of the country to which he is. taken." It differs from transportation, which is by way of punishment of one convicted of an offence against the laws of the country; and from extradition (q. v.), which is the surrender to another country of one accused of an offence against its laws, there to be tried, and, if found guilty, punished. Fong Yue Ting v. U. S., 149 U.S. 698, 13 S.Ct. 1016, 37 L. Ed. 905.

"Deportation," as distinguished from "exclusion," is depriving a person already in the United States of a privilege which he, at least at the time, is enjoying; whereas "exclusion" is the denial of entry and does not deprive one of any liberties he had theretofore enjoyed. Ex parte Domingo Corypus, D.C., 6 F.2d 336.

In Roman Law

A perpetual banishment, depriving the banished of his rights as a citizen; it differed from relegation (q. v.) and exile, (q. v.) 1 Brown, Civil & Adm. Law, 125, note; Inst. 1, 12, 1, and 2; Dig. 48, 22, 14, 1,

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That's the definition of DEPORTATION in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.

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