Legal Opinion

Lee Leong v. United States

Court of Appeals for the Ninth Circuit

Decided October 6, 1914No. 2331PublishedCited by 2 opinions

Appeal from the District Court .of the' United States for the Territory of Hawaii; Chas. F. Clemons, Judge. In the matter of the petition of Lee Leong for writ of habeas corpus. From an order denying the writ, petitioner appeals. The appellant appeals from- an order of deportation made by the District Court of the United States for the territory of Hawaii, upon a hearing on the return to a writ of habeas corpus.

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Appeal from the District Court .of the' United States for the Territory of Hawaii; Chas. F. Clemons, Judge. In the matter of the petition of Lee Leong for writ of habeas corpus. From an order denying the writ, petitioner appeals. The appellant appeals from- an order of deportation made by the District Court of the United States for the territory of Hawaii, upon a hearing on the return to a writ of habeas corpus. The petition for the writ alleged that the appellant was bom in the territory of Hawaii January 21, 1888, of Chinese-parents there residing; that about four years later he was taken…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). [1] It is not specified in the.petition for the writ wherein or in what respect the appellant was denied a fair and impartial hearing. The allega*49tions in that respect are not sufficient to sustain jurisdiction to issue the writ.

[2] But counsel for the appellant urge that the decision was contrary to law, in that the immigration officers denied to the certificate of birth that consideration which in law it was entitled to receive. The certificate was issued under an act of the Legislature of Hawaii approved April 17, 1911, which provides in substance that…

2Cases cited2 opinions

  1. Lee Lung v. PattersonSupreme Court of the United States · 1902
  2. Williams v. United StatesSupreme Court of the United States · 1890

3Cited by2 opinions

  1. Ex parte Lee Fong FookDistrict Court, N.D. California · 1948
  2. In re Lee LeongDistrict Court, D. Hawaii · 1913

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