Legal Opinion

Lew Quen Wo v. United States

Court of Appeals for the Ninth Circuit

Decided February 6, 1911No. 1,853PublishedCited by 9 opinions

'Appeal from the District Court of the United States for the Northern District of California. Deportation proceedings by the United States of America against Dew Quen Wo. From an order for judgment of deportation, affirmed by the District Court, defendant appeals.

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'Appeal from the District Court of the United States for the Northern District of California. Deportation proceedings by the United States of America against Dew Quen Wo. From an order for judgment of deportation, affirmed by the District Court, defendant appeals. On April 1, 1909, the appellant was arrested on the complaint of an immigration inspector on the charge of being a Chinese manual laborer within the limits of the Northern district of California without the certificate of residence required by the acts of Congress. Upon a hearing before the United States commissioner, the latter…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). It is contended that ‘Lew Fong, the father of the appellant, was not, at the time when the appellant was permitted to land in the United States, a laborer within the meaning of the exclusion acts (Act Nov. 3, 1893, c. 14, § 2, 28 Stat. 8 [U. S. Comp. St. 1901, p. 1322]), for the reason that he was a merchant and was not engaged in manual labor for wages or for hire, but worked upon his own account, and not as the employé of any one, in farming and raising and marketing fruit on land which he had rented. While some of the earlier decisions under the Chinese…

2Cases cited13 opinions

  1. Chin Yow v. United StatesSupreme Court of the United States · 1908
  2. United States v. Yong YewDistrict Court, E.D. Missouri · 1897
  3. Lee Ah Yin v. United StatesCourt of Appeals for the Ninth Circuit · 1902
  4. Lai Moy v. United StatesCourt of Appeals for the Ninth Circuit · 1895
  5. Case of the Chinese Cabin WaiterUnited States Circuit Court · 1882

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3Cited by9 opinions

  1. White v. Chan Wy SheungCourt of Appeals for the Ninth Circuit · 1921
  2. Hee Fuk Yuen v. WhiteCourt of Appeals for the Ninth Circuit · 1921
  3. Ex parte Wong Yee ToonDistrict Court, D. Maryland · 1915
  4. Sibray v. United States ex rel. Yee Yok YeeCourt of Appeals for the Third Circuit · 1915
  5. Lee Hing v. NagleCourt of Appeals for the Ninth Circuit · 1924

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