Dong Ah Lon v. Proctor

2 Citing cases

  1. United States v. Watkins

    166 F.2d 897 (2d Cir. 1948)   Cited 10 times

    The courts, in disposing of claims for citizenship by those seeking admission who assert their claims in terms of the above-described categories, have invariably held that the administrative determination — if fair hearing had been allowed — was final. As examples of the many precedents, the following may be cited: (1) as to the claim of citizenship, notwithstanding birth abroad, by reason of the citizenship of the parents, Quon Quon Poy v. Johnson, supra; United States ex rel. Mark Guey Him v. Reimer, supra; Flynn ex rel. Dea Ton v. Ward, supra; United States ex rel. Chung Yuen Poy v. Corsi, supra; United States ex rel. Fong On v. Day, supra; Ex parte Ver Pault, 2 Cir., 86 F.2d 113; O'Connell ex rel. Kwong Han Foo v. Ward, 1 Cir., 126 F.2d 615; Dong Ah Lon v. Proctor, 9 Cir., 110 F.2d 808; (2) as to the claim of citizenship by virtue of marriage to a citizen, Ngai Kwan Ying v. Nagle, 9 Cir., 62 F.2d 166; (3) as to the claim of citizenship by birth, United States v. Ju Toy, supra; Chin Yow v. United States, supra; Tang Tun v. Edsell, supra; Kwock Jan Fat v. White, supra; United States ex rel. Scimeca v. Husband, 2 Cir., 6 F.2d 957; United States ex rel. Palermo v. Tod, 2 Cir., 296 F. 345; Brownlow v. Miers, 5 Cir., 28 F.2d 653; Wong Wing Sing v. Nagle, supra; Tsutako Murkami v. Burnett, supra; Ng Heu Yim v. Bonham, 9 Cir., 79 F.2d 655; United States v. Wong Gong, 9 Cir., 70 F.2d 107; United States ex rel. Di Giorlando v. Curren, D.C.S.D.N.Y., 2 F.2d 179; Ex parte Fong Chow Oi, D.C.N.D.Cal., 15 F.2d 209. In view of this weight of authority no distinction is possible between those exclusion cases where the claim of citizenship is supported by some evidence of residence in the past and those where such element is lacking. Indeed, it would be a distinction without substanc

  2. Jung Sam v. Haff

    116 F.2d 384 (9th Cir. 1940)   Cited 3 times

    United States ex rel. Tisi v. Tod, 264 U.S. 131, 133, 44 S.Ct. 260, 68 L.Ed. 590; Kishan Singh v. Carr, 9 Cir., 88 F.2d 672, 679. It is of no consequence that this court may have found differently than the immigration officers upon the evidence adduced, for it is not our function to weigh the evidence, but to consider whether or not the applicant was accorded a fair hearing. Mui Sam Hun v. United States, supra; Ong Guey Foon v. Blee, 9 Cir., 112 F.2d 678, 689; Dong Ah Lon v. Proctor, 9 Cir., 110 F.2d 808, 809, 810. Since the discrepancies upon which the Board based its order of exclusion do not concern the precise point of relationship of the applicants to the alleged father, a citizen of the United States, the appellants urge that these are so wholly immaterial and inconsequential as to render the decision of the administrative authorities arbitrary or capricious and the hearing unfair.