Legal Opinion

In re Tang Tun

Court of Appeals for the Ninth Circuit

Decided February 23, 1909No. 1,633PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. The appellees, who are Chinese persons, were denied admission into the United States after investigation by the inspector in charge at the port of Su-mas, in the state of Washington, and were by him ordered returned to China, whence they came.

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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. The appellees, who are Chinese persons, were denied admission into the United States after investigation by the inspector in charge at the port of Su-mas, in the state of Washington, and were by him ordered returned to China, whence they came. An appeal from the inspector’s decision was taken to the Secretary of Commerce and Labor, and by that officer affirmed. While detained at Sumas in pursuance of the order of deportation, the appellees, through one Woo Gen, filed in the…

1Opinion of the CourtRoss, Circuit Judge

(after stating the facts as above). In the case of the United States v. Ju Toy, 198 U. S. 253, 25 Sup. Ct. 644, 49 L. Ed. 1040, it was adjudged by ‘the Supreme Court that under the Chinese exclusion and the immigration laws, where a person of Chinese descent asks admission to the United States upon the ground that he is a native-born citizen thereof, and the lawfully designated executive officers find that he is not, such action should be treated by the courts as having been made by a competent tribunal, with due process of law, and as final and conclusive, in the absence of a showing that…

2Cases cited2 opinions

  1. United States v. Ju ToySupreme Court of the United States · 1905
  2. Chin Yow v. United StatesSupreme Court of the United States · 1908

3Cited by6 opinions

  1. Tang Tun v. EdsellSupreme Court of the United States · 1912
  2. De Bruler v. GalloCourt of Appeals for the Ninth Circuit · 1911
  3. Edsell v. MarkCourt of Appeals for the Ninth Circuit · 1910
  4. United States v. SprungCourt of Appeals for the Fourth Circuit · 1910
  5. Lewis v. FrickU.S. Circuit Court for the District of Eastern Michigan · 1911

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