Legal Opinion

Liu Hop Fong v. United States

Supreme Court of the United States

Decided April 20, 1908No. 181PublishedCited by 38 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES' FOR THE • DISTRICT OF NEBRASKA. The facts are stated in the opinion. The complaint is insufficient in substance to sustain the conviction or order of deportation, in that it does not allege facts showing fraud in defendant’s coming to the United States.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES' FOR THE • DISTRICT OF NEBRASKA. The facts are stated in the opinion. The complaint is insufficient in substance to sustain the conviction or order of deportation, in that it does not allege facts showing fraud in defendant’s coming to the United States. In fact the issuance to plaintiff in error of his student’s certificate and his subsequent admission thereunder into this country, by the officers of the government, operated as an adjudication of the bona fides and lawfulness of his coming. That decision, unappealed from, is res judicata and…

1Opinion of the CourtJustice Day

The plaintiff in error, Liu Hop Fong, on November 23,1904, was arrested upon the sworn complaint of the United States district attorney and brought before a United States commissioner at Omaha, Nebraska, charged with being -unlawfully within the United States of America, living and residing at Omaha, Nebraska, and there pursuing the occupation of a common laborer, contrary to the laws of the United States. The complaint prayed that he might be arrested and dealt with according to law. Upon a plea of not guilty, on December 29, 1904, a hearing was had before the commissioner. The bill of…

2Cases cited2 opinions

  1. Tom Hong v. United StatesSupreme Court of the United States · 1904
  2. Ah How v. United StatesSupreme Court of the United States · 1904

3Cited by38 opinions

  1. Ng Fung Ho v. WhiteSupreme Court of the United States · 1922
  2. Ex parte Chin Loy YouDistrict Court, D. Massachusetts · 1915
  3. Lui Hip Chin v. PlummerCourt of Appeals for the Ninth Circuit · 1917
  4. Charley Hee v. United StatesCourt of Appeals for the First Circuit · 1927
  5. Ex parte Lam PuiDistrict Court, E.D. North Carolina · 1914

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