Chan Kam v. United States

Good Law
147 C.C.A. 49·232 F. 855·1916 U.S. App. LEXIS 1892
United States Court of Appeals for the Ninth CircuitMay 15, 1916No. 2482California531 words

Opinion

lead Opinion

Morrow, J.

In the petition for a rehearing in this case it i& contended that unfairness was manifested by the immigration officers in securing a statement from Chan Kam while in jail, without the presence of counsel or of any of her friends, upon which statement the order of deportation was based. It appears that Chan Kam did not speak the English language and could not understand the questions propounded; that, notwithstanding this ignorance and disadvantage under which Chan Kam was laboring, there was imputed to her.answers concerning the visit of one Jew Lin the inference that she had been having improper relations with him just prior to her arrest.

[1, 2] We think this objection to the proceedings is well taken. It appears from the examination to which reference is made that Chan Kam was married and was living with her husband. She was asked by the immigration officer:

She was then told that the officers who arrested her said she was in bed with Jew Lin when she was arrested. She answered:

She was asked:

She answered:

She was then asked:

She answered:

It is contended by the. government that this testimony is evidence of improper relations with the man with whom she was found and…

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