Chin Wah v. Colwell

Citations

• 187 F. 592
• 109 C.C.A. 422
• 1911 U.S. App. LEXIS 4206

Syllabus

<p>1. Aliens (§ 32*) — Chinese Deportation — Bail.</p> <p>Proceedings for deportation of Chinese aliens not being criminal in character, the general statutory provisions concerning bail in criminal cases do not apply thereto.</p> <p>[Ed. Note. — For other cases, see Aliens, Cent. Dig. § 91; Dec. Dig. § 32.*]</p> <p>2. Aliens (§ 32*) — Chinese Persons — Deportation Proceedings — Bail — Statutes — Application.</p> <p>Act Cong. Nov. 3, 1893, c. 14, § 2, 28 Stat. 8 (U. S. Comp. St. 1901, p. 1322), regulating deportation of Chinese, and providing that,'after determination by the District Court of an appeal from a deportation order, the order shall be executed by the marshal with all convenient dispatch, and pending such execution the Chinese person shall remain in the marshal’s custody and shall not be admitted to bail, applies, and denies bail only when a final order of deportation has been made, and has no application to the question whether bail may be allowed pending an appeal from the decision of the commissioner.</p> <p>[Ed. Note. — For other eases, see Aliens, Cent. Dig. § 94; Dec. Dig. § 32.*]</p> <p>3. Aliens (§ 32*) — Deportation of Chinese — Bail.</p> <p>Chinese Exclusion Act May 5, 1892, c. 60, § 5, 27 Stat. 25 (U. S. Comp. St. 1901, p. 1319), prohibits courts of the United States from allowing bail in deportation proceedings against Chinese persons seeking to land in the United States in the first instance, and Act Cong. Nov. 3. 1893, e. 14, § 2, 28 Stat. 8 (U. S. Comp. St. 1901, p. 1322), prohibits the allowance of bail after the rendition of a final deportation order and pending its execution by the marshal. IIeld, that such sections, by implication, did not give an absolute right to bail to a Chinese person domiciled and residing in the United States at the time of his arrest for deportation, pending an aplica 1 from a commissioner's order to the District Court, but authorized the granting or withholding of bail under such circumstances in the exercise of