299 F. 601 (9th Cir. 1924), 4215, Wong Wing Sing v. Nagle

Docket Nº:4215.
Citation:299 F. 601
Party Name:WONG WING SING et ux. v. NAGLE, Commissioner of Immigration.
Case Date:June 27, 1924
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 601

299 F. 601 (9th Cir. 1924)



NAGLE, Commissioner of Immigration.

No. 4215.

United States Court of Appeals, Ninth Circuit.

June 27, 1924

Appeal from the District Court of the United States for the Second Division of the Northern District of California; John S. Partridge, Judge.

Application for habeas corpus by Wong Wing Sing and wife against John D. Nagle, as Commissioner of Immigration for the Port of San Francisco. From an order denying the writ, relators appeal. Affirmed.

Allens 32(2)-- Chinese person, desiring to enter United States, not entitled to judicial hearing on claim of citizenship.

That Chinese person, seeking entry into United States, claims citizenship, does not entitle him to judicial hearing as to his right to enter.

Lyman I. Mowry, of San Francisco, Cal., for appellants.

John T. Williams, U.S. Atty., and T. J. Sheridan, Asst. U.S.Atty., both of San Francisco, Cal., for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

This is an appeal from an order denying a petition for a writ of habeas corpus. The appellants thus state their case:

'This is not the case of a Chinese person applying for admission into the United States for the first time upon the claim that he is a native born citizen; but it is the case of a Chinese person who had been regularly admitted into the United States as a native-born citizen, who had established a residence in the United States, who had not abandoned his residence, who left the United States for a temporary visit to China, and who upon his return applied for admission as a...

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