Moy Jik v. United States
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from an order of tbe Supreme Court of the District of Columbia in a Chinese deportation case.
Read the full summary
Hearing on an appeal by the defendant from an order of tbe Supreme Court of the District of Columbia in a Chinese deportation case. The Court in the opinion stated the facts as follows: This appeal is from an order of the Supreme Court of the District of Columbia adjudging that appellant, Alloy Jilc, “is a Chinese person found unlawfully within the United States, and not entitled to remain within the same;” and directing that he “be deported according to law from the United States to China, whence he came,” and committing him to the custody of the United States marshal for that purpose. As is…
1DissentChief Justice Smytii
I must dissent from both the conclusions of fact and law reached by the majority. The act of Congress governing this proceeding has been construed in many eases by the Federal courts, including the Supreme Court of the, United States; and in each case, save one in the seventh circuit which has since been disregarded in that circuit (Moy Guey Lum v. United States, 127 C. C. A. 515, 211. Fed. 91), it was held that the burden was on the defendant to prove his citizenship. Chin Bak Kan v. United States, 186 U. S. 193, 200, 46 L. ed. 1121, 1125, 22 Sup. Ct. Rep. 891; Moy Guey Lum v. United States,…
2Cases cited29 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Quock Ting v. United StatesSupreme Court of the United States · 1891
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Aetna Life Ins. Co. v. WardSupreme Court of the United States · 1891
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
24 more not listed; retrieve them via the Exa API.