Burnett

Ong Seen v. Burnett

Good Law
147 C.C.A. 44·232 F. 850·1916 U.S. App. LEXIS 1890
United States Court of Appeals for the Ninth CircuitMay 8, 1916No. 2714California942 words

Opinion

lead Opinion

Gilbert, J.

(after stating the facts as above). The appellant contends that he was not allowed a fair hearing in the proceedings for deportation. We find nothing in the record to sustain the contention. Throughout the hearing and at every session the appellant was represented by his own counsel, and every opportunity was afforded him to produce evidence.

[1] The appellant relies principally on the contention that there is no evidence in the case to overcome the presumption that, having been admitted to the United States as a merchant, he liad the right to be and remain in the United Slates, and he argues that one who has lawfully entered the United Stales is not forbidden thereafter to change his occupation, and that he may do so without incurring the penalty of deportation. It may be conceded that the mere fact that an alien who has been domiciled as a merchant thereafter becomes a laborer does not in itself justify his deportation. But there is in tiiis case more than the mere fact of a change of occupation. There is evidence which we think might justify the immigration officers in *852 believing, as no doubt they did believe, that the appellant never in fact belonged to the merchant…

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