Legal Opinion

Fong Ping Ngar v. United States

Court of Appeals for the Second Circuit

Decided April 13, 1915No. 211PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from an order of the Dislric Court, Southern District of New York, affirming an order of the United States commissioner and ordering defendant’s deportation to China.

1Opinion of the Court

LACOMBE, Circuit Judge.

Defendant alleged that he was born in San Francisco — or rather that his father told him he was horn there —and that he had never been out of the United States. His counsel has argued at great length and with an abundant citation of authorities that on questions of pedigree hearsay evidence is admissible. He evidently supposes that in our recent decision in Lee Sim v. U. S. (C. C. A.) 218 Fed. 432 † (Nov. 1914), we held that such testimony was not admissible. This is a mistake; testimony may be competent, and nevertheless unconvincing or even unpersuasive, and we were…

2Cases cited7 opinions

  1. Chin Bak Kan v. United StatesSupreme Court of the United States · 1902
  2. Tom Hong v. United StatesSupreme Court of the United States · 1904
  3. Lee Sim v. United StatesCourt of Appeals for the Second Circuit · 1914
  4. United States v. Hom LimCourt of Appeals for the Second Circuit · 1915
  5. Hong Yon v. United StatesCourt of Appeals for the Second Circuit · 1908

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3Cited by6 opinions

  1. Ng Fung Ho v. WhiteSupreme Court of the United States · 1922
  2. United States v. Hom LimCourt of Appeals for the Second Circuit · 1915
  3. Soo Hoo Yee v. United StatesCourt of Appeals for the Second Circuit · 1924
  4. Ah Lin v. United StatesCourt of Appeals for the First Circuit · 1927
  5. Hoey Ay Sing v. United StatesCourt of Appeals for the Third Circuit · 1915

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