Ex parte Ong Quong

Good Law
60 F.2d 971·1932 U.S. Dist. LEXIS 1390
United States District Court, Northern District of CaliforniaMay 19, 1932No. 20888California677 words

Opinion

Lead Opinion

Kerrigan, J.

The detained, in whose behalf the petition in this case is filed, obtained his laborer’s return certificate upon the ground that he had property of the value of $1,000 in the United States. The immigration authorities have found that ho did not have such an amount of pro|>erty when he left the United States or at the time of his return. After considering the evidence presented to the Board of Special Inquiry, I not only believe that the hearing upon this point was fair and reasonable, but I also find that .the finding was amply supported by the evidence.

It is urged in the petition for writ of habeas corpus that, independently of this claimed ground of admission, the petitioner is entitled to return on the ground that he has a father who is a resident of the United States. It is argued by the government that this ground of admission, not having been claimed in the hearing before the Board of Special Inquiry, may not be urged in these proceedings. It is not necessary to pass upon this question, since I would not grant the writ on this ground without the assistance of a hearing upon the point by the immigration authorities. It is further claimed that the detained, by failing to set…

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