Wong Poi Young v. United States

Good Law
104 F.2d 21·1939 U.S. App. LEXIS 4060
United States Court of Appeals for the Ninth CircuitMay 12, 1939No. 9030California481 words

Opinion

Lead Opinion

Wilbur, J.

The appellant was ordered deported from the Territory'of Hawaii' by the United States District Court. He appealed from the order and states that the sole question presented by the appeal is this: “Did the government make a prima facie case for the deportation of appellant in the absence of a showing that he was a laborer?”

The complaint upon which the warrant of arrest was issued alleged that the appellant was a person of Chinese descent, a laboror, within the United States and within the jurisdiction of the United States District Court for the Territory of Hawaii, without a certificate of residence, as required by “An Act to prohibit the coming of Chinese persons to the United States, approved May 5, 1892, as amended November 3, 1893”, 27 Stat. 25 , 28 Stat. 7 , and alleged that the defendant was not lawfully entitled to be or remain in the-United States. The appellant demurred to the complaint and entered a plea of not guilty.

Upon the hearing the government produced evidence that the appellant was a Chinese person and rested. The appellant declined to introduce any evidence and the court made an order of deportation. The order was based upon the proposition that under the…

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