Bonham

Ng Heu Yim v. Bonham

Good Law
79 F.2d 655·1935 U.S. App. LEXIS 4228
United States Court of Appeals for the Ninth CircuitOctober 28, 1935No. 7944California1,113 words

Opinion

Lead Opinion

Mathews, J.

Appellant, a Chinese person, sought admission to the United States, claiming to be a native-born citizen thereof who, as a child, had gone to China, and was entitled to re-enter. A Special Board of Inquiry, appointed under section 17 of the Immigration Act of February 5, 1917, c. 29, 39 Stat. 887 , 8 USCA § 153, determined, after hearing, that appellant should not be admitted. On appeal, the Secretary of Labor upheld this determination. Appellant then petitioned the District Court for a writ of habeas corpus, *656 and, from an order denying his petition, has appealed to this court.

The Secretary’s decision denying appellant admission to the United States is final and conclusive upon the courts, unless it be shown that the proceedings were manifestly unfair or conducted in an unlawful or improper ■ way, or that there was a manifest abuse of discretion. Quon Quon Poy v. Johnson, 273 U. S. 352, 358 , 47 S. Ct. 346 , 71 L. Ed. 680 ; Kwock Jan Fat v. White, 253 U. S. 454, 457 , 40 S. Ct. 566 , 64 L. Ed. 1010 ; Low Wah Suey v. Backus, 225 U. S. 460, 468 , 32 S. Ct. 734 , 56 L. Ed. 1165 ; Tang Tun v. Edsell, 223 U. S. 673, 675 , 32 S. Ct. 359 , 56 L. Ed. 606 ; Chin Yow v. United States,…

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