Lum Man Shing v. United States

This is an appeal from an order directing the deportation of appellant, Lum Man Shing, who claims to have been bom in Hawaii, where he is now domiciled. The proceeding was instituted on August 4, 1927, by an immigration inspector, who in a verified complaint charged that on or about December 13, 1920, *501 appellant, a person of Chinese descent, unlawfully obtained admission into the United States at the port of Honolulu “by false and fraudulent representations and claim of United States citizenship made before the immigration officials” at Honolulu. Appellant pleaded not guilty, and thereafter, upon being called as a witness for the government, he testified that his parents were Chinese, that he last came to the United States in 1920, and that he did not have a certificate of residence, but did have a certificate of identity. Thereupon such a certificate was produced by the inspector who testified that it had been received by him from appellant, apparently in connection with some investigation, the day before the prosecution was commenced. This certificate appellant thereupon ■ offered in evidence, and the hearing was closed without any testimony by either side upon the subject…