Lee Hip Chee v. Zimmerman

McGRANERY, District 'Judge.

This is a petition for a writ of habeas corpus by the next friend of an alleged alien, Lee Hip Chee, detained for deportation. It raises two substantial issues: whether Lee Hip Chee is in fact a citizen of the United States, as he claims, and whether he is being denied due process by arbitrary action of the Commissioner of Immigration and Naturalization.

Upon the first question, Lee Hip Chee is entitled to a judicial trial on the issue of alienage in a habeas corpus proceeding. Ng Fung Ho v. White, 259 U.S. 276, 42 S.Ct. 492, 66 L.Ed. 938. Accordingly, a hearing was…