United States v. Ju Toy
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts are_stated in the opinion. Congress- by constitutional enactments has entrusted to executive officers as a special tribunal determination of all questions of fact — including a claim of citizenship — relating to the right of Chinese to enter the United States; and a bare allegation of citizenship is not enough to support a petition for habeas corpus by one denied admission.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts are_stated in the opinion. Congress- by constitutional enactments has entrusted to executive officers as a special tribunal determination of all questions of fact — including a claim of citizenship — relating to the right of Chinese to enter the United States; and a bare allegation of citizenship is not enough to support a petition for habeas corpus by one denied admission. United States v. Sing Tuck, 194 U. S. 161, settled that a Chinaman seeking admission into the United States because of alleged birth therein…
1Opinion of the CourtJustice Holmes
This case comes here on a certificate from the Circuit Court of Appeals presenting certain questions of law. It appears that the appellee, being detained by the master of the Steamship Doric for return to China, presented a petition for habeas corpus to the District Court, alleging that he was a native-born citizen of the United States, returning after a temporary *259departure, and was denied permission to land by the collector of the port of San Francisco. It also appears from the petition that he took an appeal from the denial, and that the decision was affirmed by the Secretary of Commerce…
2Cases cited18 opinions
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
- The Japanese Immigrant CaseSupreme Court of the United States · 1903
- United States v. SteffensSupreme Court of the United States · 1879
- Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
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3Cited by320 opinions
- Crowell v. BensonSupreme Court of the United States · 1932
- Price v. JohnstonSupreme Court of the United States · 1948
- United States v. RainesSupreme Court of the United States · 1960
- Shaughnessy v. United States Ex Rel. MezeiSupreme Court of the United States · 1953
- Phillips v. CommissionerSupreme Court of the United States · 1931
315 more not listed; retrieve them via the Exa API.