Burnett

Leong Kim Wai v. Burnett

Good Law
23 F.2d 789·1928 U.S. App. LEXIS 3244
United States Court of Appeals for the Ninth CircuitJanuary 23, 1928No. 5128California971 words

Opinion

Lead Opinion

Rudkin, J.

This is an appeal from an order of deportation entered in the District Court of the United States for the territory of Hawaii. The appellant claims that he was bom in Hawaii in 1896, that he accompanied his mother to China in 1900, and that he returned from China and was admitted to the territory in 1916. The government concedes that a male child of the age of about four years, accompanied by his mother, Goo Shee, was a passenger on the steamship Doric, sailing from Honolulu for Hong Kong on September 22, 1900, and likewise concedes that the appellant was admitted to the territory in 1916, representing himself to be the same person who departed from the territory oh the above steamer in 1900, accompanied by his mother, but denies that the appellant was bom in the territory or that he was the same person who departed from Honolulu on- the steamship in question. The court below found that the appellant had not established, by affirmative proof or 'otherwise, his lawful right to be or to remain in the United States, and the order of deportation followed. The question involved is exclusively one of fact, and the testimony offered is conflicting, indefinite, and unsatisfactory. When…

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