Legal Opinion

United States ex rel. Shue Quey v. Pierce

District Court, S.D. New York

Decided February 14, 1922PublishedCited by 5 opinions

Hateas corpus proceedings by the United States, on the relation of Shue Quey, against F. S. Pierce, as Chinese Inspector, to procure the admission of a Chinese person into the United States. Relator discharged from custody of the Inspector. The relator is a boy 15 years old, born in China and at the age of 5 lawfully adopted there by a citizen of the United States, a Chinaman born in this country, who has a wife and two blood children in China.

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Hateas corpus proceedings by the United States, on the relation of Shue Quey, against F. S. Pierce, as Chinese Inspector, to procure the admission of a Chinese person into the United States. Relator discharged from custody of the Inspector. The relator is a boy 15 years old, born in China and at the age of 5 lawfully adopted there by a citizen of the United States, a Chinaman born in this country, who has a wife and two blood children in China. The boy comes at his invitation to join him here. The foster father has established these facts, as well his status as a resident merchant. The…

1Opinion of the Court

LEARNED HAND, District Judge.

[1] It is conceded that, if the relator was the blood son of a Chinese merchant, not a citizen, he would be admitted. United States v. Gue Lim, 176 U. S. 459, 20 Sup. Ct. 415, 44 L. Ed. 544. Moreover, it has been decided in this circuit (United States v. Lee Chee, 224 Fed. 447, 140 C. C. A. 649, Ex parte Fong Yim [D. C.] 134 Fed. 938) that the same doctrine applies to adopted children. There would on this account be no question that, if the foster father were a Chinese merchant, as he is, but not horn in the United States, the relator might enter. Tl\e result, if…

2Cases cited3 opinions

  1. United States v. Mrs. Gue LimSupreme Court of the United States · 1900
  2. Ex parte Fong YimDistrict Court, N.D. New York · 1905
  3. United States v. Lee CheeCourt of Appeals for the Second Circuit · 1915

3Cited by5 opinions

  1. United States ex rel. Hong v. TodCourt of Appeals for the Second Circuit · 1923
  2. Johnson v. Shue HongCourt of Appeals for the First Circuit · 1924
  3. Ex parte PoyDistrict Court, W.D. Washington · 1928
  4. Ex parte Shue HongDistrict Court, D. Massachusetts · 1923
  5. Mar Fow Lun v. NagleCourt of Appeals for the Ninth Circuit · 1928

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