Ex parte Wong Gar Wah
| Decision Date | 28 March 1927 |
| Docket Number | No. 4983.,4983. |
| Citation | 18 F.2d 250 |
| Parties | Ex parte WONG GAR WAH. WONG GAR WAH v. CARR, District Director United States Immigration Service. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Joseph P. Fallon, of San Francisco, Cal., and Hugh C. Todd, of Seattle, Wash., for appellant.
Samuel W. McNabb, U. S. Atty., of Los Angeles, Cal., and Emmett E. Doherty, Asst. U. S. Atty., of Los Angeles, Cal., for appellee.
Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.
This is an appeal from an order denying a petition for a writ of habeas corpus.
Section 6 of the Act of July 5, 1884 (23 Stat. 115 Comp. St. § 4293), provides that every Chinese person, other than a laborer, who may be entitled to come within the United States, and who shall be about to come to the United States, shall obtain the permission of, and be identified as so entitled by the Chinese government, or of such other government of which at the time such Chinese person shall be a subject, in each case to be evidenced by a certificate issued by such government, which certificate shall be in the English language, and shall show such permission, with the name of the permitted person in his or her proper signature, and which certificate shall state the individual, family, and tribal name in full, title or official rank, if any, the age, height, and all physical peculiarities, former and present occupation or profession, when and where and how long pursued, and place of actual residence of the person to whom the certificate is issued, and that such person is entitled by the act to come within the United States, and:
It is further provided that the certificate properly viseed shall be prima facie evidence of the facts therein set forth, and shall be produced to the Chinese inspector in charge of the port in the district in the United States at which the person named therein shall arrive, and afterward produced to the proper authorities of the United States whenever lawfully demanded, and shall be the sole evidence permissible on the part of the person so producing the same to establish a right of entry into the United States.
Section 3 of the Immigration Act of 1924 (Comp. St. § 4289laa), defines "immigrant" to mean any alien departing from any place outside of the United States destined for the United States, except "(2) an alien visiting the United States temporarily as a tourist or temporarily for business or pleasure." Section 14 (Comp. St. § 4289lg) provides that any alien who at any time after entering the United States is found to have been at the time of entry not entitled under the act to enter the United States, or to have remained therein for a longer time than permitted under the act or regulations made thereunder, shall be taken into custody and deported in the same manner as provided for in sections 19 and 20 of the Immigration Act of 1917 (Comp. St. §§ 4289Ljj, 4289Lk). Section 15 (Comp. St. § 4289lgg) provides that the admission to the United States of an alien excepted from the classes of immigrants by clause 2 of section 3 shall be for such time as may be by regulations prescribed, and under such conditions as may be by regulations prescribed, including, when deemed necessary for the classes mentioned in clause 2 of section 3, the giving of a bond with sufficient surety,...
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Yee Si v. Boyd, 15314.
... ... This Court has specifically held that the Treaty is not self-executing. In Weedin v. Wong Tat Hing, 9 Cir., 1925, 6 F.2d 201, 202, Judge Rudkin said: ... "The treaty between the United States and China (22 Stat. 826) consists of four brief ... We need refer to but one or two decisions of this Court ... In Ex parte Wong Gar Wah, 9 Cir., 1927, 18 F.2d 250, 251, certiorari denied, 1927, 275 U.S. 529, 48 S.Ct. 21, 72 L.Ed. 409, the Chinese "traveler" was admitted ... ...