PROCTOR

JEW NGEE GWAY v. PROCTOR

Good Law
109 F.2d 355·1940 U.S. App. LEXIS 3902
United States Court of Appeals for the Ninth CircuitJanuary 20, 1940No. 9203California652 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from a decision of the district court denying a writ of habeas corpus to appellant of Mongolian ancestry claiming the right to enter the United States. The case is controlled by the decision of the Supreme Court in Quon Quon Poy v. Johnson, 273 U.S. 352, 357 , 47 S.Ct. 346 , 71 L.Ed. 680 , and appellant does not claim the right to a trial de novo in the district court as in cases of deportation of persons claiming citizenship. Ng Fung Ho v. White, 259 U.S. 276, 284 , 42 S.Ct. 492 , 66 L.Ed. 938 .

*356 Appellant admits there is sufficient evidence to warrant the Immigration authorities refusing his admission to the United States but claims that the hearing on the question of his admission was conducted in a manner so unfair to appellant and with such bias and prejudice toward him on the part of the Immigration officers that their decision refusing him admission should be set aside, the writ of habeas corpus granted and appellant be freed to enter and to remain in the United States as one of its citizens.

Appellant claims he is the son of a native-born Mongolian citizen of this country and the appellee admits that if appellant is in fact a blood son of his…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.