United States v. Chin Len
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the District of Vermont. Habeas corpus by Chin Uen. From a judgment discharging the relator, the United States appeals. The following is the opinion of Martin, District Judge, in the lower court: The petitioner alleges in his petition for the writ: First, that the relator’s appeal to the Secretary of Commerce and Labor was considered and passed upon by Ormsby McHarg, Acting Secretary, and not by the Secretary.
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Appeal from the District Court of the United States for the District of Vermont. Habeas corpus by Chin Uen. From a judgment discharging the relator, the United States appeals. The following is the opinion of Martin, District Judge, in the lower court: The petitioner alleges in his petition for the writ: First, that the relator’s appeal to the Secretary of Commerce and Labor was considered and passed upon by Ormsby McHarg, Acting Secretary, and not by the Secretary. Second, that the original decision excluding said Chin Len and the dismissal of his appeal was arbitrary and without proper…
1Opinion of the Court
COXE, Circuit Judge.
[1] We think the facts establish' beyond dispute that in February, 1900, a Chinese person named Chin Ren entered the United States, was arrested and brought before a United States commissioner and, after a full hearing, was discharged, the commissioner finding that Chin Len was a citizen of the United States, having been born here and lawfully entitled to enter and remain in the United States. A copy of this discharge dated May 14, 1900, signed by the commissioner was given to Chin Len. After being discharged Chin Len went to the city of Worcester, Mass., in the spring of…
2Cases cited1 opinion
- Chin Yow v. United StatesSupreme Court of the United States · 1908
3Cited by12 opinions
- Whitfield v. HangesCourt of Appeals for the Eighth Circuit · 1915
- Colyer v. SkeffingtonDistrict Court, D. Massachusetts · 1920
- Wong Chow Gin v. CahillCourt of Appeals for the Ninth Circuit · 1935
- Wong Tee Toon v. Stump, Immigration Com'rCourt of Appeals for the Fourth Circuit · 1916
- 98 Cal. Daily Op. Serv. 6857, 98 Cal. Daily Op. Serv. 8405, 98 Daily Journal D.A.R. 9481 Daniel Magana-Pizano v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1998
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