United States v. Chun Hoy

Citations

• 111 F. 899
• 50 C.C.A. 57
• 1901 U.S. App. LEXIS 4445

Syllabus

<p>1. Chinese Exclusion—Pkoceedings for Deportation—Burden of Proof.</p> <p>Tiie provision of section 3 of the Chinese exclusion act of May 5, 1802 (27 Stat. 25), placing the burden ol’ proof upon a Clónese person or person of Chinese descent, arrested under the provisions of the act, to establish his right to remain in the United States, is within the power of congress, and valid, and, unless such right affirmatively appears from the evidence, it is the duty of the court to order the defendant deported.</p> <p>2. Same—Claim of Nativity—Evidence Considered.</p> <p>Evidence held insufficient to sustain the claim of a person of the Chinese race, arrested for being unlawfully within the territory of Hawaii, that he was a native of such islands.1</p>