McDonald v. Siu Tak Sam

Citations

• 225 F. 710
• 140 C.C.A. 584
• 1915 U.S. App. LEXIS 2135

Syllabus

<p>1. Aliens <®=^32—Deportation Without Hearing.</p> <p>A Chinese cannot be deported as a laborer without being first given a hearing on the charge, since constitutional guaranties of life, liberty, and property are not restricted to citizenship, and before they can be adjudicated upon or taken away there must be a fair and impartial hearing by some tribunal established for the purpose.</p> <p>[Ed. Note.—For other eases, see Aliens, Cent. Dig. §§ 84, 92-95.; Dec. Dig. <@=>32.]</p> <p>2. Aliens @=^32—Deportation of Chinese—Fairness of Hearing.</p> <p>Where an immigrant inspector took the ex parte statements of three Americans, who saw the Chinese claiming status .as a merchant ironing in his cousin’s laundry, the Chinese not being present when the statements were taken, or his counsel, and they not having been given a fair chance to be present, not being notified of the statements and their contents after they were taken, and time and opportunity not having been afforded them for investigation and refutation, the inspector at once making his certification to the Secretary of Interior for a deportation warrant, the Chinese was not given the fair hearing necessary to deportation.</p> <p>[Ed. Note.—For other cases, see Aliens, Cent. Dig. §§ 84, 92-95; Dec. Dig. <@=>32.]</p> <p>3. Aliens <@=»32—Deportation of Chinese—Status as Merchant—Sufficiency of Evidence.</p> <p>In habeas corpus proceedings by a Chinese against an immigrant inspector to secure his release from custody under a deportation warrant, evidence held to show that such Chinese, since he had entered the country as a merchant,- had maintained that status, and had not become a laborer.</p> <p>[Ed. Note.—For other eases, see Aliens, Cent. Dig. §§ 84, 92-95; Dec. Dig. @=>32.] -</p> <p>other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>