Re Leiva

• Jurisdicción: Argentina
• Fecha: 20 Diciembre 1957
• Emisor: Federal Court of Appeals (Argentina)

Argentina, Cámara Nacional de Apelaciones de Resistencia.

Re Leiva.

Aliens — Expulsion of — Equality of Treatment as Compared with Nationals — The Law of Argentina.

The Facts.—The petitioner, Tomás Leiva, was held by the immigration authorities for deportation on grounds of illegal entry into the country on October 5, 1957. He sought his release on a writ of habeas corpus. The Fiscal of the Court of Appeals expressed the opinion that the writ must issue for the following reasons: the petitioner had been denied a hearing by the immigration authorities; an alien who is a resident of the country enjoys the same protection of his individual liberties as does a citizen; the Supreme Court has held that an alien may only be expelled in pursuance of the formalities established by law (Fallos de la Corte Suprema, vol. 117, p. 165). It was argued on behalf of the petitioner that he was a political fugitive who had invoked the “right of asylum”. The jurisdiction of the federal Court in this matter was also questioned.

Held: that the writ of habeas corpus must issue. An alien enjoyed the same legal protection as did a national of the country.

The Court said: “As the Supreme Court held in the cases of Re Hernandez (Fallos de la Corte Suprema, vol. 173, p. 179) and Re Barabás de Zlatnik (Revista Jurídica Argentina La Ley, vol. 12, p. 623), once an alien has been admitted into the country, he is to be treated as a resident thereof. Furthermore, he has a right to petition for a writ of...