244 F. 742 | 9th Cir. | 1917
Lead Opinion
On November 9, 1915, the appellant, then nine years of age was admitted to the United States as the foreign-born son of Mock Juck, who was a native-born citizen of the United States residing at Oakland, Cal. A month after his arrival he went from San Francisco to the state of Alabama, where seven months later he was arrested on the executive warrant of the Secretary of Dabor and was ordered deported on the ground that he was an alien found in the United States in violation of the act of February 20, 1907, as amended by the act of March 26, 1910 (36 Stat. 263, c. 128 [Comp. St. 1916, §§ 4244, 4247]). He appeals from the order of the court below sustaining a demurrer to his petition for a writ of habeas corpus.
The proceedings before the immigration officials are not required to conform to judicial procedure. It was not necessary that the appellant be represented by a guardian ad litem. It was proper to subject him to an examination. He was not entitled to be represented by an attorney at the preliminary examination. Low Wah Suey v. Backus, 225 U. S. 460, 32 Sup. Ct. 734, 56 L. Ed. 1165. The examination furnishes no evidence that any unfair advantage was taken of him. He was called upon to answer the same questions which he had answered eight months before on his application for admission. His answers were widely different from those which he had given before. It was a legitimate inference which the officers drew from the wide and marked discrepancies between the answers that the appellant had been coached for his prior examination, and that in the interval he had forgotten what he had been taught to say. It would serve no useful purpose to review the discrepancies in detail. The]? were sufficient to justify the conclusion that the appellant had secured admission to the United States through fraudulent representations. The fact that the inspector in charge added that since the hearing information had been obtained, to the effect that the appellant was the son of Loo Gee of Birmingham, Ala., and that Loo Yut was his uncle, and that the information was received in a confidential manner from one Chung Kee
The discrepancies in the appellant’s statements are sufficient to answer the contention of his counsel that the warrant of deportation was unsupported by evidence.
The judgment is affirmed.
Concurrence Opinion
(concurring). I concur in the judgment and the opinion of the court, except in that clause thereof which holds that the appellant “was not entitled to be represented by an attorney at the examination.”