211 F. 91 | 7th Cir. | 1914
Judge (after stating the facts as above)'. In United States v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct. 456, 42 L. Ed. 890, the court, after quoting the first clause of the fourteenth amendment to the Constitution reading as follows, viz., “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state in which they reside,” says, “and, this being true, the Chinese Exclusion Acts do not apply to .him.” The defendant in that case was the child of Chinese parents who, at the time of defendant’s birth, had a permanent
Under the statute, a Chinese person be adjudged unlawfully within the United States unless he “shall establish by affirmative proof to the satisfaction of such justice, judge or commissioner, his lawful right to remain in the United States.” The decisions are numerous to the effect that in this class of cases, where the facts have been already determined by two judgments below, the appellate court cannot properly re-examine them. This language is used by the United States Supreme Court in Chin Bak Kan v. United States, supra. Where the question is one of fact as to whether the respondent is a native of this country, it has been held in some of the federal courts that the decision of the District Court will not be reversed on appeal. Yee Yet et al. v. United States, 175 Fed. 565, 99 C. C. A. 187; Chew Hing v. United States, 133 Fed. 227, 66 C. C. A. 281; Eng Choy v. United States, 175 Fed. 566, 99 C. C. A. 188.
In Lee Ah Yin v. United States, 116 Fed. 614, 54 C. C. A. 70, the court, on appeal, re-examined the facts, notwithstanding the judgment of the District Court affirming the order of deportation entered by the commissioner, and decided that such facts did not justify it in disturbing the judgments of the lower tribunals.
We have nothing to do with the weight of the evidence. Unless we can see from the record that the commissioner and the court arbitrarily ignored the evidence adduced and entered judgment of deportation in defiance thereof, we are not at liberty to. interfere. Under the facts of the present case, we,are unable to say that the appellant has proved beyond a reasonable doubt that he was entitled to remain in the United States.
Such being the case, the judgment of the District Court is affirmed.