Banishment to a foreign country, attended with confiscation ofproperty and deprivation of civil rights . A punishment derived from the deportatio (q.v.) of the Roman law, and still in use in France.In Roman law. A perpetual banishment, depriving the banished of his rights as acitizen ; 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. In American law . The removal or sending back of an alien to the country from whichhe came, as a measure of national police and without any implication of punishment orpenalty.” Transportation ,” ” extradition ,” and ” deportation ,” although each has the effect ofremoving a person from a country, are different things and for different purposes.Transportation is by way of punishment of one convicted of an offense against the lawsof the country ; extradition is the surrender to another country of one accused of anoffense against its laws, there to be tried and punished if found guilty . Deportation isthe removing of an alien out of the country simply because his presence is deemedinconsistent with the public welfare , and without any punishment being imposed orcontemplated, either under the laws of the country out of which he is sent or underthose of the country to which he is taken. Fong Yue Ting v. U. S.. 149 U. S. 698, 13Sup. Ct 1016, 37 L. Ed. 905.
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