Cahill

Wong Chow Gin v. Cahill

Good Law
79 F.2d 854·1935 U.S. App. LEXIS 4289
United States Court of Appeals for the Ninth CircuitNovember 12, 1935No. 7865California2,535 words

Opinion

Lead Opinion

Wilbur, J.

This is an appeal from an order denying appellant’s application for writ of habeas corpus. Appellant is in the custody of the immigration authorities, having been denied entry into the United States, and is held for deportation to China.

Appellant was born in China, but claims to be the son of Wong Jock Jim, alias Wong Ah King, who was a citizen of the United States until his death in 1925.

The statement of the Second Assistant Secretary of Labor upon the review of the action of the local authorities in the matter of the entry of the appellant contains a brief statement of facts and of the ground upon which the appellant was denied admission. We therefore "quote the report as follows:

The principal question involved on this appeal is the effect of the order of the immigration authorities in admitting the appellant in 1909. The position of appellant in that matter is thus stated in his brief:

The appellee’s position is thus stated:

On this basis the appellant argues that there is no substantial evidence to overcome the presumption arising from the admission of the appellant in 1909 as a citizen of the United States. The appellee, on the other hand, claims that there is…

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