Legal Opinion

United States v. Lew Poy Dew

District Court, N.D. New York

Decided January 24, 1903PublishedCited by 9 opinions

Appeal from Judgment of United States Commissioner. The defendant appeals from a judgment of deportation made by Benjamin L. Wells, as United States commissioner for the Northern district of New York, on the 31st day of October, 1902. This judgment, after fully reciting the proceedings, adjudges as follows: “I now hereby find and adjudge that the said Lew Poy Dew is a Chinese person and a laborer, is not a citizen of the United States, that he is not a diplomatic or other…

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Appeal from Judgment of United States Commissioner. The defendant appeals from a judgment of deportation made by Benjamin L. Wells, as United States commissioner for the Northern district of New York, on the 31st day of October, 1902. This judgment, after fully reciting the proceedings, adjudges as follows: “I now hereby find and adjudge that the said Lew Poy Dew is a Chinese person and a laborer, is not a citizen of the United States, that he is not a diplomatic or other officer of the Chinese or any other government, and that he unlawfully entered the United States, as charged in said…

1Opinion of the CourtRay, District Judge

(after stating the facts as above). The question presented on this appeal is whether the certificate above recited was admissible in evidence for any purpose. The defendant relied upon it as evidence or proof that it has been duly adjudicated by a competent tribunal or officer that on the 1st day of June, 1897, the defendant, Lew Poy Dew, did not unlawfully come into, and was not then unlawfully within, the United States, and that he had the lawful right to be and remain in the United States. This certificate is not, and does not purport to be, the judgment or 'decision of the United States…

2Cases cited15 opinions

  1. Church v. HubbartSupreme Court of the United States · 1804
  2. Turnbull v. PaysonSupreme Court of the United States · 1877
  3. Ballew v. United StatesSupreme Court of the United States · 1895
  4. Moses v. United StatesSupreme Court of the United States · 1897
  5. Baker v. KingslandNew York Court of Chancery · 1843

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3Cited by9 opinions

  1. Hartzell v. United StatesCourt of Appeals for the Eighth Circuit · 1934
  2. Soo Hoo Yee v. United StatesCourt of Appeals for the Second Circuit · 1924
  3. Mock Kee Song v. CahillCourt of Appeals for the Ninth Circuit · 1938
  4. Ex parte Chin Quock WahDistrict Court, W.D. Washington · 1915
  5. Ex parte Mac FockDistrict Court, W.D. Washington · 1913

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