Nagle

Jung Sir Kwai v. Nagle

Good Law
5 F.2d 228·1925 U.S. App. LEXIS 2634
United States Court of Appeals for the Ninth CircuitApril 9, 1925No. 4346California575 words

Opinion

Lead Opinion

Rudkin, J.

The application of Jung Sir Kwai to enter the United States as the minor son of Jung Young, a resident Chinese merchant, was denied by the immigration authorities and by the Secretary of Labor. An application for a writ of habeas corpus in his behalf was' likewise denied. The application for admission was heard by a single ’ immigrant inspector, and the principal assignment of error is based upon the claim that the appellant was' entitled to have his ease heard before a board of special inquiry, as a matter. of right. Section 16 of the Immigration Act of February 5,1917 ( 39 Stat. 886 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 4289^]), provides as follows:

It was held by this court in Quan Hing Sun v. White, 254 F. 402 , 165 C. C. A. 622 , and Jeong Quey How v. White, 258 F. 618 , 170 C. C. A. 72 , that a Chinese person, claiming to be a citizen of the United States, had a right to have his application for admission heard by the board of special inquiry provided for by section 25 of the Immigration Act of February 20, 1907 ( 34 Stat. 906 ). The provision of that section is in all respects similar to the provision of section 16 of the Immigration Act of 1917, supra. In Lim Chan…

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