63 F.2d 377 | 9th Cir. | 1933
The judgment appealed from was one directing that the appellant be deported from the territory of Hawaii, as a Chinese person not entitled to be or remain therein.
The complaint upon which the proceeding before the District Judge was had, alleged that appellant was without a certificate of residence as required to be issued under the Chinese Exclusion Act (see 8 USCA § 282 et seq.). Appellant was a person of Chinese descent. In the year 1923 he arrived from China and applied for admission at the Port of Honolulu, claiming to be the Hawaiian-born son of Yim Yong Yet. A Board of Special Inquiry, after hearing, had determined that he was entitled to be admitted and issued to him a certificate of identity. In July, 1930, appellant was called before inspectors of the Immigration Service. The certificate of identity which he possessed was then taken from him and it was recommended to the Immigration Department that that certificate be canceled as having been procured through fraud. The complaint upon which the deportation judgment was later made was filed on the 28th day of July, 1930. The Commissioner of Immigration on August 19, 1930, made his order canceling the cer
• The decision'in the Chang Chow Case is controlling here.
The judgment- is reversed.