Louie Share Gan v. White
| Decision Date | 12 May 1919 |
| Docket Number | 3171. |
| Citation | 258 F. 798 |
| Parties | LOUIE SHARE GAN v. WHITE, Commissioner of Immigration. [1] |
| Court | U.S. Court of Appeals — Ninth Circuit |
Marshall B. Woodworth, of San Francisco, Cal., for appellant.
Annette Abbott Adams, U.S. Atty., of San Francisco, Cal., and Ben F Geis, Asst. U.S. Atty., of Willow, Cal., for appellee.
Before GILBERT, MORROW, and HUNT, Circuit Judges.
The appellant, Louie Share Gan, represents himself as a native son of Louie Share Jung, a citizen of the United States; that he arrived in the United States at San Francisco, Cal., from China, during the month of May, 1917, and made application to the Commissioner of Immigration at the port of San Francisco for admission to the United States as a citizen thereof and a son of Louie Share Jung; that his application for admission was denied by the Commissioner of Immigration; that thereupon an appeal was taken to the Secretary of Labor, and the decision of the Commissioner of Immigration was sustained. Thereupon Louie Share Jung applied to the District Court for a writ of habeas corpus on behalf of Louie Share Gan, on the ground that the decision of the Commissioner of Immigration was unfair, and the Secretary of Labor and the officials acting under him were guilty of an abuse of discretion in considering certain alleged discrepancies in the testimony of the applicant and an alleged twin brother, who was admitted to the United States in December, 1916, as the son of the petitioner and a citizen of the United States. A demurrer to the petition was interposed, which was overruled. Thereupon an amended petition was filed. A return was filed by the Commissioner of Immigration. To this return the appellant filed a traverse. After hearing by the court, the writ of habeas corpus was denied.
It is contended on behalf of the appellant that the hearing before the Commissioner of Immigration was manifestly unfair and unjust to the applicant, in that his relationship to his father and alleged twin brother was made to depend specially upon his lack of resemblance to his father and his twin brother, and because of a slight difference in height from his twin brother, standing both without shoes on the same level, indicating a difference in height.
If the applicant had a fair hearing before the Commissioner of Immigration, and there was no abuse of discretion on the part of the officers of that department in the proceedings, the court had no jurisdiction to review the proceedings. Low Wah Suey v. Backus, 225 U.S....
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THE GOLDEN GATE
...below and not assigned as error will not be considered on appeal. Wight v. Washoe County Bank (C. C. A.) 251 F. 819; Louie Share Gan v. White (C. C. A.) 258 F. 798. Furthermore, the contract of sale between the charterer and the libelant contained the following provision: "It is agreed betw......
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American Surety Co. v. Fischer Warehouse Co.
...271, certiorari denied 249 U.S. 600, 39 S.Ct. 258, 63 L.Ed. 796; Wight v. Washoe County Bank (C.C.A. 9) 251 F. 819; Louie Share Gan v. White (C.C.A. 9) 258 F. 798; Maryland Casualty Co. v. Klickalumber Co. (C.C.A. 9) 41 F.(2d) 222. Likewise, if the assignments are so indefinite that the par......
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Hill v. Douglass
...not ordinarily be considered on appeal. There is nothing in the record before us to warrant an exception to that rule. Louis Share Gan v. White (C. C. A.) 258 F. 798; Wight v. Washoe County Bank (C. C. A.) 251 F. 819; In re Boston Dry Goods Co. (C. C. A.) 125 F. 226, certiorari denied 192 U......
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