Edsell v. Mark
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. Proceeding by D. Charlie Mark against H. Edsell, Chinese In-r spector in Charge of the Port of Sumas, for writ of habeas corpus. Judgment granting the writ, and defendant appeals. The appellee, D. Charlie Mark, a Chinese person, seeks admission to the United States as a returning native-born citizen.
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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. Proceeding by D. Charlie Mark against H. Edsell, Chinese In-r spector in Charge of the Port of Sumas, for writ of habeas corpus. Judgment granting the writ, and defendant appeals. The appellee, D. Charlie Mark, a Chinese person, seeks admission to the United States as a returning native-born citizen. He was denied admission after'the usual investigation, by the appellant, the Chinese inspector in charge at Por,t Sumas, Wash. Ah appeal from the order of rejection was taken to…
1Per curiam
The passport issued to the appellee by the Department of State was not evidence of his citizenship. Urtetiqui v. D’Arcy, 34 U. S. 692, 9 L. Ed. 276; In re Gee Hop (D. C.) 71 Fed. 274. With respect to the proceedings before the executive officers concerning the right of appellee to enter the United States on the ground that he was a citizen of the United States, we find nothing in the record indicating that he was deprived of a fair and impartial hearing.
Upon the authority of the case of United States v. Ju Toy, 198 U. S. 253, 25 Sup. Ct. 644, 49 L. Ed. 1010, and In re Tang Tun, 168 Fed. 488,…
2Cases cited4 opinions
- United States v. Ju ToySupreme Court of the United States · 1905
- Urtetiqui v. D'ArcySupreme Court of the United States · 1835
- In re Gee HopDistrict Court, N.D. California · 1895
- In re Tang TunCourt of Appeals for the Ninth Circuit · 1909
3Cited by6 opinions
- Blumen v. HaffCourt of Appeals for the Ninth Circuit · 1935
- Miller v. SinjenCourt of Appeals for the Eighth Circuit · 1923
- De Bruler v. GalloCourt of Appeals for the Ninth Circuit · 1911
- United States v. SprungCourt of Appeals for the Fourth Circuit · 1910
- Lewis v. FrickU.S. Circuit Court for the District of Eastern Michigan · 1911
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