Legal Opinion

Charley Hee v. United States

Court of Appeals for the First Circuit

Decided May 17, 1927No. 2094PublishedCited by 12 opinions

1Opinion of the Court

MORTON, District Judge.

This is a deportation case under the Chinese Exclusion Act. It was heard in the first instance by Commissioner Jenney, who made an order of deportation from which the defendant appealed. In the District Court the appeal was heard, — apparently by agreement of parties, ■ — solely upon a transcript of the testimony before the commissioner, together with his memorandum of decision. It is not a satisfactory way to deal with a matter involving principally the credibility of witnesses, but permissible if the parties agree. See Liu Hop Fong v. United States, 209 U. S. 453, 28…

2Cases cited3 opinions

  1. Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
  2. Liu Hop Fong v. United StatesSupreme Court of the United States · 1908
  3. Jung See v. NashCourt of Appeals for the Eighth Circuit · 1925

3Cited by12 opinions

  1. United States v. Lee HeeCourt of Appeals for the Second Circuit · 1932
  2. Gomes v. TillinghastDistrict Court, D. Massachusetts · 1930
  3. Joong Sui Noon v. United StatesCourt of Appeals for the Eighth Circuit · 1935
  4. United States ex rel. Murphy v. McCandlessDistrict Court, E.D. Pennsylvania · 1930
  5. United States ex rel. Petersen v. Commissioner of ImmigrationDistrict Court, S.D. New York · 1932

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