Fong Lum Kwai v. United States

The appellant, having been ordered deported by the United States District Court for the Territory of Hawaii, appeals from the order of deportation. Appellant was admitted to Hawaii on November 14, 1923, as the Hawaiian bom son of a Chinese citizen, ■after consideration of his application for entry and application for his certificate of identity. The certificate requested was not issued, but notwithstanding that fact the proceedings upon his entry established prima facie his right to remain. Choy Yuen Chan v. U. S. (C. C. A.) 30 F.(2d) 516 ; Leong Kwai Yin v. U. S. (C. C. A.) 31 F.(2d) 738 .

On November 17, 1928, an immigration inspector from the United States Immigration Service requested appellant to show his certificate of residence, and after ascertaining that he had no such certificate took him to the immigration office, and, with appellant’s consent expressly given, examined him upon the state of facts testified to by him upon his admission five years previously. His testimony was substantially the same as that given upon his entry. Thereafter two of the witnesses who had testified at the time of applicant’s entry were called into the office and re-examined upon the matters…