United States v. Nakashima
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Territory of Hawaii. The appellee, in his petition for a writ of habeas corpus, alleged that he is a subject of the Emperor of Japan, but that he is, and has been for four years and more, a resident of the United States, having in May, 1902, come from the empire of Japan to the territory of Hawaii as an immigrant; that he resided in that territory for about 1% years, working there as a drayman, and that while there…
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Appeal from the District Court of the United States for the Territory of Hawaii. The appellee, in his petition for a writ of habeas corpus, alleged that he is a subject of the Emperor of Japan, but that he is, and has been for four years and more, a resident of the United States, having in May, 1902, come from the empire of Japan to the territory of Hawaii as an immigrant; that he resided in that territory for about 1% years, working there as a drayman, and that while there he married; that from Hawaii he and his wife went to San José, in California, where he established a home for himself…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The question first presented is whether the appellee is of the class of aliens who are to be denied admission into the United States under Act March 3, 1903, c. 1012, 32 Stat. pt. 1, p. 1213, which excludes from admission all aliens who are afflicted with a dangerous contagious disease. That act is amendatory of Act March 3, 1891, c. 551, 26 Stat. 1084 [U. S. Comp. St. 1901, p. 1294], which' in its terms is amendatory of prior acts. The act of 1891 had uniformly been held to apply solely to alien immigrants, and not to affect the rights of alien residents.…
2Cases cited17 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
- Lem Moon Sing v. United StatesSupreme Court of the United States · 1895
- Gonzales v. WilliamsSupreme Court of the United States · 1904
- Binns v. United StatesSupreme Court of the United States · 1904
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3Cited by13 opinions
- United States ex rel. Bauder v. UhlCourt of Appeals for the Second Circuit · 1914
- Frick v. LewisCourt of Appeals for the Sixth Circuit · 1912
- United States ex rel. Funaro v. WatchornU.S. Circuit Court for the District of Southern New York · 1908
- United States v. ParisiDistrict Court, D. Maryland · 1938
- Ex parte HoffmanCourt of Appeals for the Second Circuit · 1910
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