Hoey Ay Sing v. United States
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Western District of Pennsylvania; W. H. $. Thomson, Judge. Proceeding by the United States for deportation of Hoey Ay .Sing. Order of deportation affirmed by the District Court, and defendant appeals.
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Appeal from the District Court of the United States for the Western District of Pennsylvania; W. H. $. Thomson, Judge. Proceeding by the United States for deportation of Hoey Ay .Sing. Order of deportation affirmed by the District Court, and defendant appeals. The following is the opinion of the District Court: This case has given me considerable thought and solicitude, being desirous on one hand of upholding the law, and on the other anxious to avoid the injustice which would result in the deportation of one who in fact was an American citizen. A citizenship in the republic is a right of…
1Opinion of the Court
McPHERSON, Circuit Judge.
In the first instance the proceeding in this case was before a United States commissioner under the Chinese Exclusion Acts. .The commissioner ordered the appellant to be de*211ported, and on appeal the District Court affirmed the order. Each tribunal heard and saw the witnesses, and their concurring judgment should not lightly be disturbed. The act of Congress puts the burden on the Chinese person of proving his right to be in the country — in this case, his citizenship — and after carefully reading all the evidence we see no reason to disagree with the conclusion of the…
2Cases cited2 opinions
- United States v. Hom LimCourt of Appeals for the Second Circuit · 1915
- Fong Ping Ngar v. United StatesCourt of Appeals for the Second Circuit · 1915