Ex parte Tsuie Shee

Good Law
218 F. 256·1914 U.S. Dist. LEXIS 1395
United States District Court, Northern District of CaliforniaOctober 23, 1914No. 15687California1,476 words

Opinion

lead Opinion

Dooling, J.

On October 5th Quan Wy Chung, a native-born citizen of the United States, presented to the court his petition for a writ of habeas corpus on behalf of Tsuie Shee and Quan Wy You, asserting that they are his wife and infant son, and were denied the right to land by the local immigration officers; that from the decision of the local officers an appeal had been taken to the Secretary of Labor; that, notwithstanding the fact that the Secretary of Labor and the Assistant Secretary of Labor were present at their posts of duty in the Department at Washington, the appeal was not heard by them, or either of them, but was heard and determined by J. B. Densmore, who signed the decision adverse to them as Acting Secretary of Labor; and that in consequence they had been deprived of a fair hearing, in that their appeal had been heard and determined by one not authorized to do so.

To this petition a return was made, which, instead of denying the averments of the petition that the Secretary and Assistant Secretary of Labor were present and acting as such at the time that the Acting Secretary disposed of the appeal, averred that the Secretary and Assistant Secretary were either actually or…

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