Proctor

Woon Sun Seung v. Proctor

Good Law
99 F.2d 285·1938 U.S. App. LEXIS 2857
United States Court of Appeals for the Ninth CircuitOctober 24, 1938No. 8749California941 words

Opinion

Lead Opinion

Haney, J.

Appeal has been taken from an order of the court below denying a petition for a writ of habeas corpus.

Appellant arrived at Seattle, Washington on August 4, 1937, from China and applied for admission to the United States as a foreign born son of Woon On, a native born citizen of this country. At the conclusion of a hearing on the application, held by a Board of Special Inquiry, admission was denied on August 20, 1937, by the Board on the ground that appellant had failed to establish the claimed relationship. On appeal from that decision, the Board of Review recommended that the appeal be dismissed on October 6, 1937, which recommendation was followed by the Secretary of Labor.

On November 5, 1937, appellant filed his petition for a writ of habeas corpus alleging that he did not have a fair trial, that the order of deportation was based “upon suspicion and conjecture”, and that the Immigration Officers abused their discretion in making the order. This appeal was taken after denial of the petition by the court below on December 20, 1937. The sole point before us is whether or not appellant has received a fair hearing, which, it is argued, was not accorded because the immigration…

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