Wong Chung v. United States

The appellant is a person of Chinese descent, who admittedly is in the United States without right, unless, as he claims, he was born in this country. Having been apprehended for deportation pursuant to the provisions of the Chinese Exclusion Acts ( 27 Stat. 25 ; 28 Stat. 7 ), the burden was upon him to establish his nativity “to the satisfaction” of a judge or commissioner. Section 3, Act May 5, 1892 (Comp. St. 1916, § 4317). The commissioner found against him, and upon appeal, after a trial de novo, the District Judge reached the same conclusion, and accordingly entered an order for his deportation. Erom this order he has appealed.

[1] It is first contended that the order is erroneous, for the reason that the deportation was not accomplished within three years from the date of the appellant’s entry into the United States, and that therefore the proceedings are barred by the provisions of sections 20 and 21 of the General Immigration Act of February 20, 1907 ( 34 Stat. 898 ). But it is expressly provided in this act that it “shall not be construed to repeal, alter, or amend existing laws relating to the immigration or exclusion of Chinese persons or persons of Chinese descent,”…