United States v. Kwan Shun Yue

Kwan Shun Yue, a national of China, hereinafter referred to as the alien, applied for admission into the United States July 20, 1924, upon the strength of a certificate as a treaty merchant visaed by an American Consul June 27, 1924, Treaty of Commerce and Navigation between the United States and China dated November 17, 1880, 22 Stat. 826 ; § 6, Chinese Exclusion Act, 22 Stat. 58 , at p. 60, Act of May 6, 1882, as amended, 8 U.S.C.A. § 265 , subsequent Treaty between the United States and China dated March 17,1894, 28 Stat. 1210 .

The Board of Review, Department of Labor, ordered the alien excluded, finding that he was not seeking entry as a bona fide merchant.

The alien petitioned in habeas corpus and the United States District Court ordered the Board to permit the entry. This court affirmed the judgment, holding that the treaty between China and the United States, cited in footnote 1, had not been abrogated and that the certificate was prima facie evidence as to the alien’s right to enter as a treaty merchant.. Weedin v. Wong Tat Hing, et al, 9 Cir., 1925, 6 F.2d 201 .

Prior to the application for entry, July 20, 1924, the Naturalization and Immigration Act of 1924 had been…