Legal Opinion

Wong Chung v. United States

Court of Appeals for the Ninth Circuit

Decided August 20, 1917No. 2930PublishedCited by 5 opinions

Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. Proceeding for deportation by the United States against Wong Chung. From an order of deportation, made by the District Court^ defendant appeals.

1Opinion of the Court

DIETRICH, District Judge.

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…

2Cases cited4 opinions

  1. Quock Ting v. United StatesSupreme Court of the United States · 1891
  2. Chin Bak Kan v. United StatesSupreme Court of the United States · 1902
  3. United States v. Wong YouSupreme Court of the United States · 1912
  4. Gee Fook Sing v. United StatesCourt of Appeals for the Ninth Circuit · 1892

3Cited by5 opinions

  1. Wong Kam Chong v. United StatesCourt of Appeals for the Ninth Circuit · 1940
  2. Ah Lin v. United StatesCourt of Appeals for the First Circuit · 1927
  3. United States v. Wong GongCourt of Appeals for the Ninth Circuit · 1934
  4. Mar Yen Wing v. United StatesCourt of Appeals for the Ninth Circuit · 1934
  5. United States v. Ong DeilkDistrict Court, W.D. New York · 1931

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