Nagle

Jeu Jo Wan v. Nagle

Good Law
9 F.2d 309·1925 U.S. App. LEXIS 2361
United States Court of Appeals for the Ninth CircuitDecember 7, 1925No. 4677California1,303 words

Opinion

Lead Opinion

Rudkin, J.

This is an appeal from an order denying a petition for a writ of habeas corpus. The appellant applied for admission to the United States, basing Ms application on a teacher certificate issued pursuant to section 6 of the Act of May 6, 1882 ( 22 Stat. 60 ), entitled “An act to execute certain treaty stipulations relating to Chinese,” as amended by the Act of July 5, 1884 ( 23 Stat. 116 [Comp. St. § 4293]). The certificate states, among other things, that the present occupation of the appellant is that of teacher, and that he had pursued that occupation for about four years. This was no doubt ample and sufficient under the treaty and exclusion laws, but it seems equally clear that it is deficient under the Immigration Act of 1924 (Comp. St. Supp. 1925, §§ 4289%-4289%nn), for reasons hereinafter stated.

The appellant contends, first, that the exclusion laws and treaty rights were not abrogated or changed by the Immigration Act of 1924; and, second, that in any event he is entitled to admission under the provisions of the latter act. We are unable to agree with either contention. Section 25 of the Immigration Act of 1924 (section 4289%H) provides that the provisions of that act are…

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