Nagle

Chun Shee v. Nagle

Good Law
9 F.2d 342·1925 U.S. App. LEXIS 2376
United States Court of Appeals for the Ninth CircuitNovember 23, 1925No. 4636California822 words

Opinion

Lead Opinion

McCamant, J.

(after stating the facts as above).

It is contended that there was an insufficient showing of facts to justify the arrest of appellant. It is not necessary to notice this contention, because it is well settled that irregularities in the arrest of an alien will not justify his discharge, if it appears on a fair hearing that ho is subject to deportation. U. S. v. Williams, 200 F. 538, 541 , 118 C. C. A. 632 ; U. S. v. Uhl, 211 F. 628, 633 , 128 C. C. A. 560 ; Healy v. Backus, 221 F. 358, 361 , 137 C. C. A. 166 .

It is contended that appellant’s hearing was unfair. This contention is based on the refusal of the inspector in charge to issue a subpoena for Lee Yik, whose testimony was desired by .appellant, and who refused to attend without a subpoena. Three witnesses for the government testified that appellant had lived at 719 Sacramento street, San Francisco, that she was under tho control of a procuress residing there, and had there solicited men to accompany her to hotels and lodging houses. Appellant denied this testimony. It appeared that the ground floor at this address was occupied by a store doing business under the name of Wing Tai Yuen. Appellant contended that Lee Yik was…

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