FACTS: Boris Mejoff, an alien of Russian descent, was brought to Philippines from Shanghai, as

a secret operative by the Japanese forces during the Japanese regime. Upon liberation, he was
arrested as a Japanese spy by U.S. Army Counter Intelligence Corps. Then he was handed to
the Commonwealth Government for disposition in line with Commonwealth Act no. 682. The
Peoples Court ordered his release but the deportation board taking his case found that Mejoff
did not have travelling documents and his stay in the Philippines was illegal. This was brought to
the immigration authorities. After investigation the Board of Commissioners of Immigration on
April 5, 1948 declared Mejoff had entered Philippines illegally in 1944 without inspection and
admission by the the immigration officials. It ordered that he deported on the first available
transportation to Russia. Mejoff was under custody from his arrest on March 18, 1948. In May
1948, Mejoff was transferred to Cebu Provincial Jail together with three Russians waiting for the
arrival of some Russian vessels. In July and August 1948 two Russian boats called Cebu Port.
Their masters refused to take Mejoff and his Russian companions due to lack of authority to do
so. In October 1948 after repeated failures to ship this deportee abroad, authorities transferred
him to Bilibid Prison at Muntinlupa where he has been confined until 1949. This is also the belief
of Commissioner of Immigration which will be the best interest of the country. Mejoff contented
that he may not be deported because he was brought to the Philippines legally by the Japanese
forces. Mejoff also contented that the statutory period under the laws has expired. Under
Section 37 of the Philippine Immigration Act of 1940 any alien who enters this country without
inspection and admission by the immigration authorities at a designated point of entry is subject
to deportation within five years. In a of similar litigation Borovsky vs Commissioner of
Immigration, the request for habeas corpus was denied stating: "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 lenght of time. However, under
established precedents, too long a detention may justify the issuance of a writ of habeas corpus.
The meaning of reasonable time depends on circumstances like difficulties of obtaining a
passport, availability of transportation, the diplomatic arrangement and efforts displayed to send
the deportee. It is presumed that the government is making its efforts to carry out the decree of
exclusion by the president considering the desire of the government to expel the alien. The
government is really trying to expedite the expulsion of Mejoff. On the other hand, the record
fails to show how long he has been confined since his apprehension. Mejoff did not also indicate
the neglected opportunities to send him abroad. Unless it is shown that the deportee is being
indefinitely imprisoned under pretense of awaiting a chance for deportation or unless the
government admits that it cannot deport Mejoff or unless Mejoff is held for too long period, our
courts will not interfere. The difference of this case from Borovskys is in the fact that the record
show this petitioner has been detained since March 1948. In U.S. a delay of 20 months in
carrying out an order of deportation has not been held sufficient to justify the issuance of the writ
of habeas corpus. This petition is denied.

ISSUE: Was Mejoff stay in the Philippines legal or not? Was he supposed to be deported to
Russia? Will Mejoff avail the issuance of writ of habeas corpus since he was being detained by
the Philippine government in a long period of time?