Young Mew Song v. United States

Good Law
36 F.2d 563·1929 U.S. App. LEXIS 2208
United States Court of Appeals for the Ninth CircuitDecember 3, 1929No. 5803California961 words

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.

This appeal…

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