Legal Opinion

Ng Leong v. White

Court of Appeals for the Ninth Circuit

Decided October 6, 1919No. 3301PublishedCited by 3 opinions

Appeal from the District Court of the United States for the First Division of the Northern District of California; M. T. Dooling, Judge. " Proceeding for deportation of Ng Leong, a Chinese alien. Prom a judgment denying a writ of habeas corpus to discharge defendant-from the custody of Edrvard White, Commissioner of Immigration of the Port of San Francisco, he appeals.

1Opinion of the Court

ROSS, Circuit Judge.

[1] The majority of the Circuit Court of Appeals of the Fifth Circuit, in the case of Mayo, Immigration Commissioner, et al. v. United States, 251 Fed. 275, 163 C. C. A. 431, held that section 19 of the Immigration Act of February 5, 1917 (39 Stat. 874, c. 29 [Comp. St. 1918, § 4289J4jj])> does not apply to a Chinese person against whom deportation proceedings were pending at the time of its taking effect, unless some offense was thereafter committed which changed his status.

In the present case, however, the appellant, who is admittedly a Chinaman, entered this country at…

2Cases cited5 opinions

  1. Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
  2. Lui Hip Chin v. PlummerCourt of Appeals for the Ninth Circuit · 1917
  3. Ong Chew Lung v. BurnettCourt of Appeals for the Ninth Circuit · 1916
  4. Mayo v. United States ex rel. Lee Wong HinCourt of Appeals for the Fifth Circuit · 1918
  5. United States v. Chin Quong LookDistrict Court, D. Washington · 1892

3Cited by3 opinions

  1. Ng Fung Ho v. WhiteCourt of Appeals for the Ninth Circuit · 1920
  2. Sit Sing Kum v. United StatesCourt of Appeals for the Second Circuit · 1921
  3. Wong Mon Lun v. NagleCourt of Appeals for the Ninth Circuit · 1930

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