Lau Hu Yuen v. United States

This is an appeal from a judgment that appellant, defendant below, is “a person of Chinese descent and not a citizen of the United States of America and is now within the territory of Hawaii, United States of America, and that the said Lau Hu Yuen, alias Lau Chock Wah, has no lawful right to remain in the United States of America; that the defendant be deported to China from the United States of America from the Port of Honolulu in the Territory of Hawaii; and the defendant is hereby committed to the custody of the United States Marshal for the District of Hawaii to carry into effect this judgment of deportation.”

*328 Appellant in . 1923 had entered the United States after a proceeding before the Department of Labor, Immigration Service, in which a Board of Special Inquiry had found that appellant was born in Hawaii, and was foence a citizen of the United States. He has since resided in the Hawaiian Islands.

The United States introduced in the trial below the record of that proceeding, including the evidence then adduced. It appeared that appellant had two sons; and the uncontradicted evidence later adduced in the trial showed the two sons still living. During the 13 years from…