Mejof vs Director o Prisons 90 Phil 70 (1951) Facts:
This is a second petition for habeas corpus by Boris Mejo, the rst having been denied in a decision of this Court on July 30, !"!# $The petitioner Boris Mejo is an alien of %ussian descent &ho &as brought to this country fro' (hanghai as a secret operative by the Japanese forces during the latter)s regi'e in these *slands# +pon liberation, he &as arrested as a Japanese spy by +# (# r'y r'y Counte Counterr *ntell *ntellige igence nce Corps# Corps# There Thereaft after er,, the -eople) eople)s s Court Court ordered his release# But the .eportation Board ta/ing his case up found that having no travel docu'ents, Mejo &as an illegal alien in this country, and conseuently referred the 'atter to the i''igration authorities# fter the corr correspondi esponding ng invest investiga igatio tion, n, the *''igr *''igrati ation on Board Board of Co''is Co''issio sioner ners s declared on pril 1, !"2 that Mejo had entered the -hilippines illegally in !"" ! "",, &ithou &ithoutt inspec inspectio tion n and ad'iss ad'ission ion by the i''ig i''igrat ration ion ocial ocials s at a designated port of entry and, therefore, it ordered that he be deported on the rst available transportation to %ussia# The petitioner &as then under custody, he having been arrested on March 2, !"2# *n 4ctober !"2, after repeated failures to ship this deportee abroad, the authorities 'oved hi' to Bilibid -rison at Muntinglupa &here he has been conned up to the present ti'e, inas'uch as the Co''issioner of *''igration believes it is for the best interests of the country to /eep hi' under detention &hile arrange'ents for his departure are being 'ade# T&o T&o years having elapsed since the aforesaid decision &as pro'ulgated, the 5overn'ent 5overn'ent has not found &ays and 'eans of re'oving the petitioner out of the country, country, and none are in sight, although, although, it should should be said in fairness fairness to the deportation authorities that it &as through no fault of theirs that no ship or country &ould ta/e the petitioner# *ssue 678 the &rit of habeas corpus should be granted %uling9 :es :es The protection against against deprivation of liberty &ithout due process of la&, and e;cept for cri'es cri'es co''it co''itted ted agains againstt the la&s la&s of the land, land, is not li'it li'ited ed to -hi -hilip lippin pine e citi
funda'ental rights as applied to all hu'an beings &ere proclai'ed# *t &as there resolved that $all hu'an beings are born free and eual in degree and rights$ >rt# ?@ that $everyone is entitled to all the rights and freedo' set forth in this .eclaration, &ithout distinction of any /ind, such as race, colour, se;, language, religion, political or other opinion, nationality or social origin, property, birth, or other status$ >rt# A?@ that $every one has the right to an eective re'edy by the co'petent national tribunals for acts violating the funda'ental rights granted hi' by the Constitution or by la&$ >rt# 2?@ that $no one shall be subjected to arbitrary arrest, detention or e;ile$ >rt# ! ?@ etc# *n (tanis
!"2? a stateless person, for'erly a -olish national, resident in the +nited (tates since ! and 'any ti'es serving as a sea'an on 'erican vessels both in peace and in &ar, &as ordered e;cluded fro' the +nited (tates and detained at llis *sland at the e;pense of the stea'ship co'pany, &hen he returned fro' a voyage on &hich he had shipped fro' 8e& :or/ for one or 'ore uropean ports and return to the +nited (tates# The grounds for his e;clusion &ere that he had no passport or i''igration visa, and that in !3 had been convicted of perjury because in certain docu'ents he presented hi'self to be an 'erican citi
