White

Quan You v. White

Good Law
157 C.C.A. 194·244 F. 746·1917 U.S. App. LEXIS 2060
United States Court of Appeals for the Ninth CircuitAugust 20, 1917No. 2945California534 words

Opinion

lead Opinion

Ross, J.

The judgment from which this appeal comes sustained a demurrer to a petition in behalf of Quan You, otherwise known as Low June, a native of China, for a writ of habeas corpus, and dismissed it.

[1] This Chinese alien was ordered deported by the Secretary of Labor on the ground that he was found to be illegally in this country, and the first of the two points made in support of the appeal is that the secretary had no jurisdiction in the premises, and that the person so charged to be illegally in the United States was entitled to have the fact determined by the judicial branch of the government. That point is well answered by the cases of Backus v. Owe Sam Goon, 235 Fed. 847 , 149 C. C. A. 159 , and United States v. Woy You, 223 U. S. 67 , 32 Sup, Ct. 195, 56 L. Ed. 354 .

[2] The only other point made on behalf of the appellant is that the hearing of the question before the executive officers of the government was unfair, in that he was not “notified of his right to inspect the record, or being informed of the evidence presented against him, or of his right to be present at any future hearings to be had, and being prevented by the inadequacy of his arraignment from knowing how he…

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