Lee Fong Fook v. Wixon, 11860.
| Decision Date | 08 November 1948 |
| Docket Number | No. 11860.,11860. |
| Citation | 170 F.2d 245 |
| Parties | LEE FONG FOOK v. WIXON, District Director, Immigration and Naturalization Service. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Gus C. Ringole, of San Francisco, Cal., for appellant.
Frank J. Hennessy, U. S. Atty., and Edgar R. Bonsall, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.
Wayne M. Collins, of San Francisco, Cal. (George G. Olshausen and Theodore
Tamba, both of San Francisco, Cal., of counsel), for American Civil Liberties Union of Northern California, amicus curiae.
Before HEALY, BONE, and ORR, Circuit Judges.
Appellant arrived at the port of San Francisco on his return from a visit to China and was there detained by the immigration authorities. After a hearing before a board of special inquiry he was denied admission on a finding that he is an alien immigrant without visa. He thereafter entered an appeal to the Commissioner of Immigration and Naturalization. Pending the appeal he petitioned for a writ of habeas corpus asserting that he is an American citizen by birth and that his detention is unlawful.
The court issued the writ, to which the district director made a return incorporating the evidence taken before the board of special inquiry. No additional evidence was presented and the cause was submitted on the petition, the return, and the traverse. The court, after reciting the evidence bearing on the question of citizenship, denied the petition. D.C., 74 F.Supp. 68. It held that the administrative finding adverse to the petitioner's claim is not reviewable, that is to say, that petitioner is not entitled to a judicial trial. An order of dismissal was entered and the petitioner appeals.
The questions argued on the appeal relate solely to the weight and effect to be given the evidence. For reasons now to be stated we have not considered these questions. In applying for the writ the petitioner claimed that because of his detention he was unable to obtain witnesses in support of his claim of citizenship, and he asked that he be released on bail until the final determination of the administrative and court proceedings. The court thought that due process in the administrative proceeding could not be fully achieved without allowing the petitioner some liberty of action to prepare his case. It felt that his enlargement on bail was an appropriate method of remedying an unfairness not otherwise reachable, and that authority for such enlargement exists in the statute, 28 U.S.C.A. § 2243. Accordingly petitioner's temporary release was directed upon his posting bond in the sum of $1,000. A bond in...
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Thomas v. Teets
...jurisdiction is what law and justice required. We made a similar retention of jurisdiction in the habeas corpus case of Lee Fong Fook v. Wixon, 9 Cir., 170 F.2d 245." The Supreme Court in Sharpe v. Buchanan, 317 U.S. 238, 63 S.Ct. 245, 87 L.Ed. 238, holds that it is the condition of the hab......
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...release from confinement when justice required. Exparte Lee Fong Fook, D.C.N.D.Cal.1948, 74 F.Supp. 68, 72, reversed on other grounds, 9 Cir., 170 F.2d 245, certiorari denied, 1949, 336 U.S. 914, 69 S.Ct. 604, 93 L.Ed. 1077; cf. Principe v. Ault, D.C. N.D.Ohio 1945, 62 F.Supp. 279, 283. Mor......
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