United States v. Wong Gong

WILBUR, Circuit Judge.

This is an appeal by the government from an order of the District Court of the United States for the Western District of Washington releasing the appellee, a Chinese person alleged by the government to have been found unlawfully in the United States. The proceedings were instituted pursuant to section 282 of title 8, USCA, and a hearing was had before Commissioner Elliott who ordered the deportation of appellee to China. On appeal to the District Court of the United States in a trial de novo the District Court ordered that appellee be released.

The appellee claims to be a…