United States ex rel. Moore v. Sisson
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern District of New York. Habeas corpus by the United States, on the relation of Robert M. Moore, on behalf of Moy Fee Ni and others, and on behalf of Moy Ging, and on the relation of L,ee Wah and another, and on the relation of Deung Pak Din and others, and on the relation of Ang Hung Jaing, against Harry R. Sisson, United States Chinese Inspector, -to obtain release of certain Chinese from deportation…
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Appeals from the District Court of the United States for the Southern District of New York. Habeas corpus by the United States, on the relation of Robert M. Moore, on behalf of Moy Fee Ni and others, and on behalf of Moy Ging, and on the relation of L,ee Wah and another, and on the relation of Deung Pak Din and others, and on the relation of Ang Hung Jaing, against Harry R. Sisson, United States Chinese Inspector, -to obtain release of certain Chinese from deportation warrants in proceedings under the Immigration Act of 1907. On appeal from orders of the United States District Court for the…
1Opinion of the Court
COXE, Circuit Judge.
We think that three propositions are clearly deducible from the testimony as it appears upon the present record.
First. The relators are Chinese persons not permitted by law to remain in this country.
Second. “The country from whence they came” is Canada.
Third. There is no evidence that they came from China; the contention that they did do so is based solely upon conjecture and presumption.
[ 1 ] The officers of the government saw fit to bring the proceedings against these relators under the Immigration Act instead of the Chi^ nese Exclusion Acts and must follow strictly the…
2Cases cited1 opinion
- Wong Wing v. United StatesSupreme Court of the United States · 1896
3Cited by15 opinions
- United States Ex Rel. Karamian v. CurranCourt of Appeals for the Second Circuit · 1927
- United States ex rel. Ng Hen v. SissonDistrict Court, S.D. New York · 1914
- Ex parte GuestDistrict Court, D. Rhode Island · 1923
- Gorcevich v. ZurbrickCourt of Appeals for the Sixth Circuit · 1931
- United States v. Hom LimDistrict Court, E.D. New York · 1914
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