Ex parte Jim Hong
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Arizona; Richard E. Sloan, Judge. Application by Jim Hong for a writ of habeas corpus. From a judgment granting the writ and discharging petitioner, the government appeals. Motion to dismiss appeal denied, and judgment reversed, with directions to remand petitioner to the custody of the marshal and to dismiss the writ.
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Appeal from the District Court of the United States for the District of Arizona; Richard E. Sloan, Judge. Application by Jim Hong for a writ of habeas corpus. From a judgment granting the writ and discharging petitioner, the government appeals. Motion to dismiss appeal denied, and judgment reversed, with directions to remand petitioner to the custody of the marshal and to dismiss the writ. This is an appeal from an order of the court below, on habeas corpus, discharging the appellee from the custody of the United States marshal. The facts, so far as we deem them material, are these: Appellee…
1Opinion of the CourtVan Fleet, District Judge
(after stating the facts as above). [1] It is apparent from the record that the court below proceeded upon the theory that the inquiry under the writ of habeas corpus involved the merits of the proceeding pending before the United States commissioner, .to the extent at least of ascertaining and determining as to the right of the appellee under the certificate held by him to remain in the United States, and that this theory actuated the judgment entered. But if the commissioner had acquired jurisdiction in the proceeding, this view of the learned judge involved manifest error. No question is…
2Cases cited21 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Ex Parte WilsonSupreme Court of the United States · 1885
- United States v. PridgeonSupreme Court of the United States · 1894
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3Cited by6 opinions
- Pothier v. RodmanSupreme Court of the United States · 1923
- Gleitsman v. Monarch Sanitary Products, Inc.District Court, E.D. New York · 1939
- Ong Foo v. NagleCourt of Appeals for the Ninth Circuit · 1927
- Caruthers v. HinesCourt of Appeals of Texas · 1926
- United States ex rel. Papaioanu v. MessickDistrict Court, D. Delaware · 1949
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