Backus v. Owe Sam Goon
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. In the matter of the petition of Owe Sam Goon for a writ of habeas corpus, directed against Samuel W. Backus as Commissioner of Immigration at the Port of San Francisco. From an order granting the writ and directing the discharge of petitioner (230 Fed. 654), respondent appeals.
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Appeal from the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. In the matter of the petition of Owe Sam Goon for a writ of habeas corpus, directed against Samuel W. Backus as Commissioner of Immigration at the Port of San Francisco. From an order granting the writ and directing the discharge of petitioner (230 Fed. 654), respondent appeals. Owe Sam Goon, a native of China, came here in 1873 or 1874. In March, 1894, he was duly registered under Act May 5, 1892, c. 69, 27 Stat. 25 (Comp. St. 1913, §§ 4315-4323), and…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1,2] 1. It is clear that whatever authority is possessed by the Secretary of *850Labor to deport aliens found in this country is derived from the Immigration Act of February 20, 1907, c. 1134 (34 Stat. 898, 908), and not from the Chinese Exclusion Act of September 13, 1888, c. 1015 (25 Stat. 476), which vests such authority only in United .States courts, and justices, judges, and commissioners thereof. This authority is possessed by the Secretary of Labor only when he shall have been satisfied'that an alien is subject to deportation under the provisions of the…
2Cases cited12 opinions
- United States v. Ju ToySupreme Court of the United States · 1905
- Chin Yow v. United StatesSupreme Court of the United States · 1908
- Low Wah Suey v. BackusSupreme Court of the United States · 1912
- Clifton v. United StatesSupreme Court of the United States · 1846
- Whitfield v. HangesCourt of Appeals for the Eighth Circuit · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sears, Roebuck & Co. v. PetersonCourt of Appeals for the Eighth Circuit · 1935
- Ungar v. SeamanCourt of Appeals for the Eighth Circuit · 1924
- Leonard v. St. Joseph Lead Co.Court of Appeals for the Eighth Circuit · 1935
- In re Chan Foo LinCourt of Appeals for the Sixth Circuit · 1917
- Katz v. Commissioner of ImmigrationCourt of Appeals for the Ninth Circuit · 1917
9 more not listed; retrieve them via the Exa API.