White

Chin Hing v. White

Good Law
148 C.C.A. 382·234 F. 616·1916 U.S. App. LEXIS 2124
United States Court of Appeals for the Ninth CircuitAugust 7, 1916No. 2651California730 words

Opinion

lead Opinion

Ross, J.

The appellant, a Chinese person, was refused admission to this country by the appellee, and, having been ordered deported, petitioned the court below for a writ of habeas corpus alleging his illegal imprisonment and right to discharge. The proceeding resulted in an order of the court dismissing the petition and remanding the petitioner to the custody of the appellee, from which order the present appeal was taken.

The original petition shows on its face that the petitioner was not entitled to the writ, for it alleged his arrival at the port of Seattle from China, and that he was denied admittance to the United States on the ground that he was not legally entitled to such admittance; that he was given a hearing by the immigration officials and upon evidence being presented on August 27, 1914, an order was issued by the Commissioner of Immigration at Seattle finding that he was not entitled to admission to the United States, and that he should be de *617 ported, from which order he was allowed an appeal to the Secretary of Labor, and that on September 26, 1914, the finding and order were affirmed and the petitioner ordered deported.

The only ground of the alleged illegality of the…

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