Ex parte Wong Tuey Hing

[1] Petitioner, a Chinese'alien, was arrested by virtue of a warrant signed by the acting Secretary of Labor, as a person found in the United States in violation of the Act of Congress of February 20, 1907, c. 1134, 34 Stat. 898 (U. S. Comp. St. Supp. 1911, p. 499), generally known as the Immigration Act, “in that he entered at a time and place other than as designated by the immigration officers thereby entering without inspection.” After several hearings before the immigration officers he was by the acting Secretary of Labor ordered deported; the reason for such action being stated in the warrant of deportation as follows:

The first reason assigned, “that he was a person likely to become a public charge,” etc., must be wholly disregarded, because as to it the petitioner at no time was accorded any hearing whatever; such charge never appearing at any stage of the proceeding until it was incorporated in the warrant of deportation. As to the second reason, “that he is unlawfully within the United States in that he secured admission by means of false and misleading statements, thereby entering without inspection,” the facts as claimed by the immigration officers are as follows:…