United States v. Brough, 116
| Decision Date | 01 November 1926 |
| Docket Number | 117.,No. 116,116 |
| Citation | 15 F.2d 377 |
| Parties | UNITED STATES ex rel. NG WING v. BROUGH, Inspector. UNITED STATES ex rel. FAY YING v. SAME. |
| Court | U.S. Court of Appeals — Second Circuit |
Emory R. Buckner, U. S. Atty., of New York City (Nathan R. Margold, of New York City, of counsel), for appellee.
Before HOUGH, MANTON, and HAND, Circuit Judges.
The relator, Fay Ying, was held for deportation under section 19 of the Immigration Act of February 5, 1917, c. 29, 39 Stat. 889 (Comp. St. ß 4289ºjj), because she had been found practicing prostitution subsequent to her entry into the United States. The relator Ng Wing was ordered deported on the ground that he had been connected with the management of a house of prostitution under the same section. Writs of habeas corpus were sued out, and after a hearing they were sustained, but in doing so the District Judge directed that further hearings be had either before a special master appointed by him or before the court. Later the District Judge conducted hearings at which he admitted a certified record of the departmental proceedings and gave opportunity to the aliens to produce and offer such testimony as they were advised. See U. S. ex rel. Singleton v. Tod (C. C. A.) 290 F. 78. Thereafter the court held that the warrants of deportation were properly issued and dismissed the writs.
The Chinese inspector in charge of the port of New York initiated these proceedings for the deportation of the aliens as a result of a letter sent to him. In company with others, he called at No. 38 East Broadway, New York City, the house described in the letter, made entry to the apartment, and there found five or six Chinese men, including the appellant Ng Wing, sitting in the front parlor of the apartment. The appellant, Fay Ying, was in the kitchen, partly dressed. There were two bedrooms, each with a double bed. There was ample evidence to justify the commissioner and the court below in finding that these were common accessories to houses of this type in which Chinese women prostitutes carry on their trade. The house was richly furnished, and the equipment and clothing found by the inspector was luxurious, more so, at least, than was to be expected from the station in life of each of the appellants and their positions of employment which they stated.
The Chinese inspector took statements under oath from the appellants. Ng Wing denied that he lived at the apartment, and stated that Fay Ying lived there with her husband. This was later admitted by them to be false. They were living together, in adulterous intercourse, at this address. She has a husband living. The inspector conversed with the Chinamen present in the front parlor. He testified that he made known to these persons the object of his call. The Chinese men talked with him, and said that they were there for immoral purposes and intended to have relations with the woman, for which they were to pay. He testified that they were there on other occasions for the same purpose and had improper relations with the woman for pay. These statements were not reduced to writing by the inspector.
The hearings were adjourned several times because of the illness of Fay Ying, who was suffering from a loathsome disease, and later so that the Chinamen whose statements were obtained might be produced. At one hearing the appellants promised to produce them, but failed to do so. The inspectors tried unsuccessfully to locate them.
The statute provides that "any alien who shall be found an inmate of or connected with the management of a house of prostitution or practicing prostitution after such alien shall have entered the United States * * * shall, upon the warrant of the Secretary of Labor, be taken into custody and deported." Act Feb. 5, 1917, c. 29, ß 19, 39 Stat. 889. There was ample support in the evidence to justify the action of the inspector in issuing a warrant of deportation and sustain the result below.
But it is argued that only female prostitutes can be deported under the provisions of section 19. Katz v. Commissioner, 245 F. 316, 157 C. C. A. 508, is referred to, where it was held not to include an alien landlord, who leased to a prostitute the house in which she lived and practiced her occupation. The case at bar is to be distinguished. Here the appellant Ng Wing lived in the house, shared in the profits, and was found below to have been...
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