Legal Opinion

Yee Ling v. United States

Court of Appeals for the Second Circuit

Decided April 10, 1917No. 222Published

Appeal from the District Court of the United States for the .Western District of New York. Habeas corpus by Yee Ding and another. From an order (225 Fed. 335) dismissing the writ, petitioners appeal.

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Appeal from the District Court of the United States for the .Western District of New York. Habeas corpus by Yee Ding and another. From an order (225 Fed. 335) dismissing the writ, petitioners appeal. This is an appeal from an order of the United States District Court for the Western District of Npw York dismissing a writ of habeas corpus issued on the application of the appellants alleging that they were unlawfully held under restraint by the immigration inspector in charge at the port of Buffalo, N. Y., for the alleged reason that they are Chinese persons and aliens not lawfully entitled to…

1Opinion of the Court

COXE, Circuit Judge.

Judge Hazel found the following facts: First: That the petitioners are Chinese laborers. Second: That they were accorded a fair hearing by the immigration inspector. Third: That the warrant of deportation was regular and in proper form.

He found as conclusions of law: First: That the petitioners were accused of being unlawfully in the United States in violation of sections 6 and 7 of the Chinese Exclusion Act (Comp. St. 1916, §§ 4320, 4321) and not of the Immigration Act, but that this statement in the warrant did not vitiate the proceedings. Second: That the Acting…

2Cases cited3 opinions

  1. United States v. Wong YouSupreme Court of the United States · 1912
  2. United States ex rel. Moore v. SissonCourt of Appeals for the Second Circuit · 1913
  3. United States ex rel. Haum Pon v. SissonCourt of Appeals for the Second Circuit · 1916

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