Johnson v. Kock Shing

BINGHAM, Circuit Judge.

A majority of the court are of the opinion that the District Judge erred in discharging Shing and Tung from the custody of the immigration authorities and allowing them to enter the country. The decision of the Immigration Department was final, if made “after a hearing in good faith, however summary in form.” The merits of the respective eases were not open to the District Judge to pass upon until it was proved that a hearing in good faith was denied by the Department; and such denial could not be established by proof that the Department’s decision “was wrong.” Chin Yow…