Mar Sing v. United States

Citations

• 137 F. 875
• 70 C.C.A. 213
• 1905 U.S. App. LEXIS 4219

Syllabus

<p>1. Aliens—Chinese—Deportation—Review.</p> <p>Under Act Cong. May 5, 1892, c. 60, § 3, 27 Stat. 25 [U. S. Comp. St. 1901, p. 1320], providing that any Chinese person arrested shall be adjudged to be unlawfully within the United States unless he shall establish by affirmative proof to the satisfaction of the judge or commissioner his right to remain, the judgment of a District Court ordering deportation of a Chinese person will be affirmed on appeal, unless the case clearly shows that an incorrect conclusion has been reached.</p> <p>2. Same—Evidence.</p> <p>Where a Chinese person arrested as unlawfully within the United States at the time of his arrest was working as a servant in'a boarding house, and since coming to the United States had worked as a cook and deliveryman in a store in which he had ho interest, he was not a “merchant” as defined by Act Cong. May 5,1892, c. 60, 27 Stat. 25 [U. S. Comp. St. 1901, p. 1320], as amended by Act Nov. 3, 1893, c. 14, § 2,-28 Stat. 8 [U. S. Comp. St. 1901, p. 1321], and, not having procured a certificate of residence as required by section 6, a deportation order issued against him was not error.</p>