Ching Hong Yuk v. United States
Opinion
Lead Opinion
Dietrich, J.
This is an' appeal from an order made by the United States District Court in Hawaii for the de-. portation of Wong Hung Yuk, a person of Chinese descent domiciled in that territory and claiming to be an American citizen. The warrant of arrest, based upon a complaint filed February 3, 1927, was issued by and the hearing was in the first instance had before the District Judge. Defendant’s .contention is that he was bom in Honolulu in 1896, and when he was 3 years old was taken by his parents to China, where he resided until 1922. On April 2, 1922, he arrived at the port of Honolulu, where, after a hearing before the Board of Special Inquiry, he was landed as an Hawaiian-born citizen. About a month later he made to the inspector in charge an application for a certificate of identity, attesting to his lawful admission and his nativity, pursuant to department rule 20, and such a certificate was duly issued to him on June 7, 1922. He continued to reside in Honolulu until his arrest. If, during this period of residence, anything occurred or any discoveries were made bearing upon the question of his citizenship, the record failed to disclose them. The inspector, upon whose complaint the…