Shee

Shee v. Haff

Good Law
94 F.2d 336·1938 U.S. App. LEXIS 4413
United States Court of Appeals for the Ninth CircuitJanuary 24, 1938No. 8568California1,773 words

Opinion

Lead Opinion

Garrecht, J.

The appellant was ordered deported from the United States upon the ground that she had been found to be “receiving, sharing in, or deriving benefit from the earnings of a prostitute, and that she had been found assisting a prostitute.” She petitioned for a writ of habeas corpus; order to show cause issued and, after hearing on return thereof, the petition for the writ was denied; and petitioner appeals.

There are eight assignments of error but actually only one question:' Whether the court erred in denying the petition-for writ of habeas corpus. The argument of appellant may be divided into two points: (1) The statute under which the appellant was ordered deported provides for a five-year period of limitations, after which the alien may not be deported thereunder, and that the appellant has resided in the United States continuously since 1909; and (2) there was insufficient evidence and the hearing was unfair.

The appellant entered the United States at San Francisco in 1909 as the wife of a *337 native of the United States. She was horn in China 23 years before and was of the Chinese race.

On February 5, 1935, she was indicted, along with seven other Chinese, charged with…

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