United States v. Too Toy
District Court, S.D. New York
Chinese deportation proceedings by the United States against Too Toy. From an order of deportation, defendant appeals.
1Opinion of the Court
HAND, District Judge (after stating the facts as above).
I shall assume that under Liu Hop Fong v. U. S., 209 U. S. 453, 28 Sup. Ct. 576, 52 L. Ed. 888, the new trial granted upon appeal in these cases requires a complete examination de novo without regard to the commissioner’s findings, and I shall treat the case in that way, without deciding whether the defendant has a right to that or not. On the other hand, I shall likewise assume that section 3 of the act of 1892, 27 Stat. 25, applies, and that the burden rests upon the defendant in spite of the fact that the issue'is citizenship, and…
2Cases cited4 opinions
- United States v. Wong Kim ArkSupreme Court of the United States · 1898
- United States v. Ju ToySupreme Court of the United States · 1905
- Liu Hop Fong v. United StatesSupreme Court of the United States · 1908
- Moy Suey v. United StatesCourt of Appeals for the Seventh Circuit · 1906
3Cited by8 opinions
- Ng Fung Ho v. WhiteSupreme Court of the United States · 1922
- Jung See v. NashCourt of Appeals for the Eighth Circuit · 1925
- Soo Hoo Yee v. United StatesCourt of Appeals for the Second Circuit · 1924
- Chin Ah Yoke v. WhiteCourt of Appeals for the Ninth Circuit · 1917
- Yee Ging v. United StatesDistrict Court, W.D. Texas · 1911
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