Ex parte Mac Fock

Citations

• 207 F. 696

Syllabus

<p>1. Aliens (§ 32*)—Proceedings eor Deportation oe Chinese—Evidence— Former Judgment.</p> <p>A certificate, by a United States commissioner that a Chinese person of a certain name was tried before him and adjudged to have the right to remain in the United States is not competent evidence of a judgment which can be used in bar of a subsequent proceeding.</p> <p>[Ed. No.te.—Eor other cases, see Aliens, Cent. Dig. §§ 84, 92, 93-95; Dee. Dig. § 32.*]</p> <p>2. Aliens (g 32*)—Proceedings eor Deportation oe Chinese—Abuse oe Discretion.</p> <p>Petitioner, a Chinese person, sought to enter the United States and presented as the only evidence of his right what purported to be a certificate made by a commissioner 17 years before that petitioner had been tried before him and adjudged to be a citizen and entitled to remain in the United States, which was not in a form to be competent evidence. Held, that the immigration authorities did not abuse their discretion in making further examination nor, on finding that the certificate was fraudulent, in ordering petitioner deported, although he had resided in this country for the greater part of the 17 years.</p> <p>[Ed. Note.—For other cases, see Aliens, Cent. Dig. §§ 84, 92, 93-95; Dec. Dig. g 32.*]</p>