Legal Opinion

Ark Foo v. United States

Court of Appeals for the Second Circuit

Decided February 23, 1904No. Nos. 86, 87, 119PublishedCited by 10 opinions

Appeal from the District Court of the United States for the Northern District of New York. These are appeals from decisions of the District Judge of the Northern District of New York, affirming orders of United States commissioners adjudging that the appellants are Chinese laborers unlawfully within the United States and ordering their deportation to the Empire of China. . The- appeals were argued together. ' ■

1Opinion of the Court

COXE, Circuit Judge.

• In the .case of Ark Eoo and Ark Toy the commissioner states his reason for rejecting the evidence of citizenship offered in their'behalf as follows:

“The two defendants were in court and the witness swears that the defendant Ark Foo is twenty-nine years of age. I was satisfied from said defendant’s appearance that he was certainly over forty years of age and therefore placed no reliance in the witness’' story.”

The district judge held that the commissioner’s determination in this regard should not be disturbed on appeal. We concur in this ruling. There is nothing in the…

2Cases cited3 opinions

  1. Ex parte SingU.S. Circuit Court for the District of Northern New York · 1897
  2. United States v. Hung ChangDistrict Court, N.D. Ohio · 1903
  3. United States v. Leung ShueDistrict Court, N.D. New York · 1903

3Cited by10 opinions

  1. United States v. Hung ChangCourt of Appeals for the Sixth Circuit · 1904
  2. Lee Sim v. United StatesCourt of Appeals for the Second Circuit · 1914
  3. Mui Sam Hun v. United StatesCourt of Appeals for the Ninth Circuit · 1935
  4. State v. DotoSupreme Court of New Jersey · 1954
  5. Fong Lim v. NagleCourt of Appeals for the Ninth Circuit · 1925

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