Legal Opinion

Gee Cue Beng v. United States

Court of Appeals for the Fifth Circuit

Decided February 7, 1911No. 2,119PublishedCited by 13 opinions

Appeal from the District Court of the United States for the Eastern District of Louisiana. Deportation proceedings by the United States against Gee Cue Beng. From an’ order of deportation, affirmed by the District Court, defendant appeals.

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Appeal from the District Court of the United States for the Eastern District of Louisiana. Deportation proceedings by the United States against Gee Cue Beng. From an’ order of deportation, affirmed by the District Court, defendant appeals. On April 2, 1910, an affidavit was made by Alfred W. Brough, Chinese inspector, before the United States commissioner, charging the appellant, Gee Cue Beng. to be a Chinese person unlawfully in the United States without a legal certificate, in violation of the Chinese exclusion laws. A warrant was issued and appellant arrested, and furnished recognizance in…

1Opinion of the CourtPardee, Circuit Judge

(after stating the facts as above). It seems to be settled that the appellant has a right to this appeal. See United States v. Hung Chang, 134 Fed. 19, 67 C. C. A. 93; Tsoi Yii v. United States, 129 Fed. 585, 64 C. C. A. 153; United States, Petitioner, 194 U. S. 194, 24 Sup. Ct. 629, 48 L. Ed. 931. And, if this be so, then he has a right to our conscientious judgment on the law and facts.

It must -be conceded that on the evidence submitted the appellant establishes by sworn witnesses a strong affirmative case showing that he is a citizen of the United States under the decision of the Supreme…

2Cases cited14 opinions

  1. Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
  2. The Japanese Immigrant CaseSupreme Court of the United States · 1903
  3. United States v. Wong Kim ArkSupreme Court of the United States · 1898
  4. United States v. Ju ToySupreme Court of the United States · 1905
  5. United States v. Sing Tuck or King Do & Thirty-OneSupreme Court of the United States · 1904

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3Cited by13 opinions

  1. Ng Fung Ho v. WhiteSupreme Court of the United States · 1922
  2. Thatcher v. United StatesCourt of Appeals for the Sixth Circuit · 1914
  3. United States v. Hom LimCourt of Appeals for the Second Circuit · 1915
  4. Jung See v. NashCourt of Appeals for the Eighth Circuit · 1925
  5. Soo Hoo Yee v. United StatesCourt of Appeals for the Second Circuit · 1924

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