White
Chin Ah Yoke v. White
Opinion
lead Opinion
Gilbert, J.
The appellant appeals from the order of the court below sustaining a demurrer to a petition for a writ of ha-beas corpus. She had been arrested on the charge' that she was an alien who had been practicing prostitution since her entry into-the United States, and had been ordered deported. On the application for the writ the proceedings before the immigration officials were taken as part of the petition. It appeared therefrom that the appellant was *941 taken into custody on September 1, 1915; that she was examined on September 7, and again on September 20, 1915, at which examinations she refused to answer questions as to her identity, but asserted that she was born in the United States and was a citizen thereof, and that her father was looking after her case. On December 20, 1915, there were filed on her behalf her own and four other affidavits: The affidavit of Chin Duck Quong, who deposed that he was the appellant’s father, and that she was born Match 23, 1896, at a given number on Commercial street, San Francisco, that Lee Shee was her mother, that Dec Shee died on or about June 20, 1900, and that the appellant had never been out of the United States; the affidavit of Ho Shee,…