United States v. Wong Gong

This is an appeal by the government from an order of the District Court of the United States for the Western District of Washington releasing the appellee, a Chinese person alleged by the government to have been found unlawfully in the United States. The proceedings were instituted pursuant to section 282 of title 8, USCA, and a hearing was had before Commissioner Elliott who ordered the deportation of appellee to China. On appeal to the District Court of the United States in a trial de novo the District Court ordered that appellee be released.

The appellee claims to be a citizen of the United States, bom in San Francisco in 1903. He so testified' and in legal effect the District Court so found. The appellant contends that the testimony of the appellee was insufficient to sustain the burden of proving his right to remain in the United States, which is placed upon him by 8 USCA § 284 by reason of his being a Chinese person. This claim of appellant’s is predicated upon the contention that appellee’s unsupported testimony” that he was bom in the United States is not evidence of sueh a claim. In support of this contention the government cites Au Wee Scheung v. United States (C. C.…