VICTOR A. BOROVSKY vs. THE COMMISSIONER OF IMMIGRATION Facts: Victor A. Borovsky, a stateless citizen though a Russian by birth according to his allegations, prays for release from the custody of the Director of Prisons, ho holds him for purposes of deportation. !he President of the Philippines ordered Borovsky"s deportation as undesirable alien, after a proper proper investiga investigation tion by the Deportation Deportation Board upon charges of being a vagrant vagrant and habitual habitual drunkard, drunkard, engaged in espionage activities, hose presence and conduct endangered the public interest. Pursuant to such order, Borovsky as placed aboard a vessel bound for #hanghai$ but the authorities there declined to admit him for lack of the proper visa, hich the %hinese %onsulate in this country had refused to give. &herefore he as brought back to the Philippines. !hereafter he as temporarily released pending further arrangements for his banishment. And hen subse'uently a Russian boat called at %ebu, Borovsky as re(arrested and transported to %ebu for deportation$ hoever, the captain of the boat declined take him, e)plaining he had no permission from his government to do so. Borovsky is no confined in the premises of the *e Bilibid Prison+not e)actly as the prisoner+hile the overnment is e)erting efforts to ship him to a foreign country. country. Issue: &-* Borovsky as detained for an unreasonable length of time may ustify the issuance of a rit of habeas corpus Ruling: !here is no 'uestion as to the validity of the deportation decree. /t must be admitted that tem!"a"# $etenti!n is a necessa"# ste in t%e "!cess !& e'clusi!n !" e'ulsi!n !& un$esi"a(le aliens an$ t%at en$ing a""angement &!" %is $e!"tati!n , the overnment has the right to hold the undesirabl undesirable e alien under confinement confinement for a reasonable reasonable length of time. time. 0oever, 0oever, un$e" esta(lis%e$ "ece$ents) t!! l!ng a $etenti!n ma# *usti t%e issuance !& a +"it !& habeas corpus. !he meaning of 1reasonable time1 depends upon the circumstances, specially the difficulties of obtaining a passport, the availability of transportation, the diplomatic arrangements of the government concerned and the efforts displayed to send the deportee aay. %onsidering that this overnment desires to e)pel the alien, and does not relish keeping him at the people"s e)pense, the court presumes it is making efforts in making efforts to carry out the decree of e)clusion by the highest officer of the land. -n top of this presumption assurances ere made during the oral argument that the overnment is really trying to e)pedite the e)pulsion of Borovsky. -n the other hand, the record fails to sho ho long he has been under confinement since the last time he as apprehended. *either does he indicate neglected opportunit opportunities ies to send him abroad. And unless it is s%!+n t%at t%e $e!"tee is (eing in$e&initel# im"is!ne$ un$e" t%e "etense !& a+aiting a c%ance &!" $e!"tati!n !" unless t%e G!,e"nment a$mits t%at it cann!t $e!"t %im !" unless t%e $etainee is (eing %el$ &!" t!! l!ng a e"i!$ !u" c!u"ts +ill n!t inte"&e"e . /n the 2nited #tates there ere at least to instances in hich courts fi)ed a time limit ithin hich hich the impri imprisone soned d aliens aliens should should be deport deported ed other otherise ise their their release release ould ould be ordere ordered d by rit rit of habeas corpus. *evertheless, supposing such precedents apply in this urisdiction, still e have no sufficient data fairly to fi) a definite deadline.