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In RE Habeas Corpus of Harvey,

et. al. Harvey vs. Commissioner

Defensor Santiago (GR 82!!, 28

"une #$88%

In RE Habeas Corpus of Harvey,

et. al. Harvey vs. CommissionerDefensor Santiago

&GR 82!!, 28 "une #$88'

Seon) Division, *elenio+Herrera

("% ! onur

Facts: Andrew Harvey, John Sherman,

(both Americans), and Adriaa Van Den

Elshout (Dutch) were arehended on

!" February #$%% &rom their

resective residences at 'asanan,

*auna by aents o& the +ommission

on mmiration and Deortation (+D)

by virtue o& -ission .rders issued by

+ommissioner -iriam De&ensor

Santiao o& the +D/ 0hey were amon

the !! susected alien edohiles who

were arehended a&ter 1 months o&

close surveillance by +D aents in

'asanan, *auna/ ! days a&ter

arehension, or on !$ February #$%%,

#" o& the !! arrested aliens oted &or

sel&2deortation and have le&t the

country/ .ne was released &or lac3 o&

evidence4 another was chared not &or

bein a edohile but &or wor3in

without a valid wor3in visa/ 0hus, o&

the oriinal !!, only Harvey, et/ al/

have chosen to &ace deortation/

Sei5ed durin their arehension were

rolls o& hoto neatives and hotos o&

the susected child rostitutes shown

in salacious oses as well as boys and

irls enaed in the se6 act/ 0here

were also osters and other literature

advertisin the child rostitutes/ 0hey

are resently detained at the +D

Detention +enter/ .n 7 -arch #$%%,

deortation roceedins were

instituted aainst Harvey, et/ al/ &or

bein undesirable aliens under Section

8$ o& the 9evised Administrative +ode

(Deortation +ase %%2#1)/ .n #7

-arch #$%%, Harvey, et/ al/ led an

;rent 'etition &or 9elease ;nder

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its territory uon such rounds as it

may deem roer &or its sel&2

reservation or ublic interest/ 0he

ower to deort aliens is an act o&

State, an act done by or under the

authority o& the soverein ower/ t is

a olice measure aainst undesirablealiens whose continued resence in

the country is &ound to be inurious to

the ublic ood and the domestic

tranCuility o& the eole/ 'articularly

so in this case where the State has

e6ressly committed itsel& to de&end

the riht o& children to assistance and

secial rotection &rom all &orms o&

nelect, abuse, cruelty, e6loitation,

and other conditions reudicial to

their develoment/ 0he +ommissioner

o& mmiration and Deortation, in

institutin deortation roceedins

aainst Harvey, et/ al/, acted in theinterests o& the State/

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