Young Mew Song v. United States
Opinion
Lead Opinion
Wilbur, J.
This is an appeal from an order of deportation. *564 The appellant, Young Mew Song, was admitted into the United States May 14, 1923, as a Hawaiian-bom citizen. On August 17, 1928, he was placed under arrest by a municipal police officer and turned over to the immigration authorities. The next day a complaint was filed in the United States District Court under the Chinese Exclusion Act (8 USCA § 261 et seq.), alleging that appellant was a person of Chinese descent and a Chinese laborer unlawfully within the United States, and that his entry on the 14th of May, 1923, was procured by a false and fraudulent representation. At the hearing before the District Court appellant was represented by counsel. Evidence was adduced by the government showing that the appellant was a person of Chinese descent working as a laborer at the Aala Market in Honolulu, and that he had no certificate of residence. The government thus made a prima facie ease for the deportation of the appellant. 8 USCA § 284, Id., 27 Stat. 25 , § 3; Tom Ung Chai v. Burnett (C. C. A.) 25 F.(2d) 574 . The applicant offered no evidence whatever to dispute the prima facie case made by the immigration authorities.