Kwock Jan Fat v. White

• Decision Date: 07 June 1920
• Docket Number: No. 313,313
• Citation: 253 U.S. 454,64 L.Ed. 1010,40 S.Ct. 566
• Parties: KWOCK JAN FAT v. WHITE, Commissioner of Immigratio
• Court: U.S. Supreme Court

253 U.S. 454

40 S.Ct. 566

64 L.Ed. 1010

KWOCK JAN FAT

v WHITE, Commissioner of Immigratio.

No. 313.

Argued and Submitted April 30, 1920.

Decided June 7, 1920.

- Mr. Jackson H. Ralston, of Washington, D. C., for petitioner.

Mr. Assistant Attorney General Stewart and Mr. Harry S. Ridgely, of Washington, D. C., for respondent.

Mr. Justice CLARKE delivered the opinion of the Court.

In January, 1915, Kwock Jan Fat, the petitioner, intending to leave the United States on a temporary visit to China, filed with the Commissioner of Immigration for the Port of San Francisco an application, as provided for by law, for a 'preinvestigation of his claimed status as an American citizen by birth.'

He claimed that he was 18 years of age, was born at Monterey, Cal., was the son of Kwock Tuck Lee, then deceased, who was born in America of Chinese parents and had resided at Monterey for many years; that his mother at the time was living at Monterey; and that there were five children in the family—three girls and two boys.

The Department of Immigration made an elaborate investigation of the case presented by this application, taking the testimony of the petitioner, of his mother, of his brother and one sister and of three white men, of whom the inspector said in his report:

'The three white witnesses are representative men of this town and would have no motive in misstating the facts.'

As a result of this inquiry, the original of his application, approved, signed and sealed by the Commissioner of Immigration at San Francisco, was delivered to the petitioner, and with this evidence in his possession, which he was amply justified in believing would secure his readmission into the United States when he returned, he went to China.

The record shows that during his absence anonymous information reached the San Francisco Immigration Office (in which there had been a change of officials) to the effect that petitioner's name was not Kwock Jan Fat, as claimed, but was Leu Suey Chong and that he had entered the United States in 1909 as the minor son of a merchant, Lew Wing Tong, of Oakland, Cal. Thereupon an investigation was conducted, chiefly by the comparison of photographs, for the purpose of determining the truthfulness of this anonymous suggestion, with the result that when the petitioner returned to San Francisco he was not allowed to land, and a few days thereafter was definitely denied entry to the country by the Commissioner of Immigration. Thereafter, this decision of the Commissioner was reconsidered, the case reopened and testimony for and against the petitioner was taken, but the Commissioner adhered to his denial of admission. The only reason given for the decision was 'the claimed American citizenship is not established to my satisfaction.'

Thereupon as appeal was taken to the Secretary of Labor, who approved the order appealed from.

Promptly thereafter the petition for a writ of habeas corpus in this case was filed, which is based chiefly upon two claims, viz.:

(1) That the examining inspector reported to the Commissioner of Immigration as evidence, statements purporting to have been obtained from witnesses under promise that their names would not be disclosed, and that when demand was made for the names of such witnesses for purpose of reply, it was refused, with the result that petitioner did not have a fair hearing.

(2) That the examining inspector did not record an important part of the testimony of three white witnesses called by petitioner, with the result that it was not before the Commissioner of Immigration or the Secretary of Labor when they decided adversely to him, and thereby he was arbitrarily denied a fair hearing.

A general demurrer to this petition was sustained by the District Court and on appeal to the Circuit Court of Appeals that judgment was affirmed. The case is here on writ of certiorari.

With the petition were filed all of the testimony and papers pertaining to the proceedings prior to the appeal to the Secretary of Labor, and since it is prayed that when the copyo f the proceedings thereafter had shall become available they may be made a part of the petition, it was proper for the courts below and is proper for this court to interpret the allegations of the petition, giving due effect to the immigration records filed with the petition and with respondent's return. Low Wah Suey v. Backus, 225 U. S. 460, 469, 472, 32 Sup. Ct. 734, 56 L. Ed. 1165.

It is not disputed that if petitioner is the son of Kwock Tuck Lee and his wife, Tom Ying Shee, he was born to them when they were permanently domiciled in the United States, is a citizen thereof, and is entitled to admission to the country. United States v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct. 456, 42 L. Ed. 890. But while it is conceded that he is certainly the same person who, upon full investigation was found, in March, 1915, by the then Commissioner of Immigration, to be a natural born American citizen, the calim is that that Commissioner was deceived and that petitioner is really Lew Suey Chong, who was admitted to this country in 1909, as a son of a Chinese merchant, Lew Wing Tong, of Oakland, Cal.

It is fully settled that the decision by the Secretary of Labor, of such a question as we have here, is final, and conclusive upon the courts, unless it be shown that the proceedings were 'manifestly unfair,' were 'such as to pre vent a fair investigation,' or show 'manifest abuse' of the discretion committed to the executive officers by the statute, Low Wah Suey v. Backus, supra, or that 'their authority was not fairly exercised, that is, consistently with the fundamental principles of justice embraced within the conception of due process of law,' Tang Tun v. Edsell, Chinese Inspector, 223 U. S. 673, 681, 682, 32 Sup. Ct. 359, 363 (56 L. Ed. 606). The decision must be after a hearing in good faith, however summary, Chin Yow v. United States, 208 U. S. 8, 12, 28 Sup. Ct. 201, 52 L. Ed. 369, and it must find adequate support in the evidence, Zakonaite v. Wolf, 226 U. S. 272, 274, 33 Sup. Ct. 31, 57 L. Ed. 218.

As to the first ground of complaint in the petition for habeas corpus.

After the final decision by the Commissioner of Immigration adverse to petitioner, his counsel requested an opportunity to examine the record on which it was rendered. This request was granted, and promptly, thereafter, demand was made for permission to see the testimony referred to, but not reported, in a designated report of Inspector Wilkinson. Assistant Commissioner Boyce answered this request saying:

'The portion of Inspector Wilkinson's report which was withheld from you contained no evidencd whatsoever and nothing material to the issue in this case. As a matter of fact this inspector's report in no way influenced my decision and was useful only in locating other material witnesses, whose testimony appears in the record.'

This report appears in the record before us and is of a remarkable character. It is dated August 8th and after saying that 'only upon the assurance that the identity of the witness would be kept secret' could the information contained in it be obtained, the writer proceeds with much detail to narrate what, if believed, would be evidence of first importance making against the claim of petitioner. The report continues that after his first visit the inspector returned to Monterey and learned from his confidential witness that in the interval he had inquired of 'an old Chinese resident,' who said that, 'Tuck Lee had no son,' and adds, 'I was unable to ascertain the name of this Chinese person.'

On the margin of this letter is written August 8, 1917: 'Approved. Edward White' (the immigration Commissioner).

In this manner, with much detail, statements of a person who must remain unknown, and in part derived from another person who must remain unknown, were communicated by the investigating inspector to his superior, who was to dispose of the case on the evidence which was furnished him, and he, in form at least, approved of this...