Legal Opinion

Moy Guey Lum v. United States

Court of Appeals for the Seventh Circuit

Decided January 6, 1914No. 2000PublishedCited by 7 opinions

Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; J. Otis Humphrey, Judge. Proceeding by the United States to deport Moy Guey Lum. An order of deportation was affirmed by the District Court, and defendant appeals. Appellant, who is a Chinese person, was ordered to be deported by the commissioner. Subsequently the District Court affirmed the order of deportation, which judgment is assigned as error.

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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; J. Otis Humphrey, Judge. Proceeding by the United States to deport Moy Guey Lum. An order of deportation was affirmed by the District Court, and defendant appeals. Appellant, who is a Chinese person, was ordered to be deported by the commissioner. Subsequently the District Court affirmed the order of deportation, which judgment is assigned as error. The cause is before us on appeal from that order. On the hearing before the commissioner, appellant testified that he was, at the…

1Opinion of the Court

KOHL SAAT, Circuit

Judge (after stating the facts as above)'. In United States v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct. 456, 42 L. Ed. 890, the court, after quoting the first clause of the fourteenth amendment to the Constitution reading as follows, viz., “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state in which they reside,” says, “and, this being true, the Chinese Exclusion Acts do not apply to .him.” The defendant in that case was the child of Chinese parents who, at the time of defendant’s…

2Cases cited8 opinions

  1. United States v. Wong Kim ArkSupreme Court of the United States · 1898
  2. Chin Bak Kan v. United StatesSupreme Court of the United States · 1902
  3. Lee Sing Far v. United StatesCourt of Appeals for the Ninth Circuit · 1899
  4. Lee Ah Yin v. United StatesCourt of Appeals for the Ninth Circuit · 1902
  5. Batcheller v. ThomsonCourt of Appeals for the Second Circuit · 1899

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3Cited by7 opinions

  1. Dai v. United StatesCourt of Appeals for the Third Circuit · 1916
  2. Ng You Nuey v. United StatesCourt of Appeals for the Sixth Circuit · 1915
  3. Yee Et (Ep) v. United StatesCourt of Appeals for the Fifth Circuit · 1915
  4. Chin Hung v. United StatesCourt of Appeals for the Seventh Circuit · 1917
  5. Lit v. United StatesCourt of Appeals for the Third Circuit · 1916

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