Mar Yen Wing v. United States

This is an appeal from an order of deportation. The prosecution was under the Chinese Exclusion Laws (section 13, Act of September 13, 1888, as amended, 8 USCA § 282). After hearing on a complaint filed with a United States commissioner, appellant, a native and citizen of China, was ox- *159 dered deported on the ground, as charged in the complaint, that he is unlawfully in the United States “without a certificate of residence and withont the certificate required by the Act of May 6, 1882, § 6, as amended (8 USCA § 265).” From the order of deportation entered hy the United States commissioner, an appeal was taken to the District Court, which court, after a trial de novo, entered a judgment and order of deportation.

On the present appeal, a preliminary question of jurisdiction is presented, to wit: Alleged error on the part of the District Court in overruling appellant’s motion entitled, “Plea to jurisdiction of court and motion for dismissal of proceedings.” The motion was based on the ground that the jurisdiction to deport a Chinese alien who has entered or been found in the United States in violation of the Chinese Exclusion Laws is vested exclusively in the Secretary of Labor,…