Quon Quon Poy v. Johnson, 273 U.S. 352 (1927)

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Quon Quon Poy v. Johnson

No. 68

Argued December 9, 10, 1926
Decided February 21, 1927
273 U.S. 352

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

Syllabus

1. A hearing before a Board of Special Inquiry, in an immigration proceeding, was not rendered unfair by mere delay in its commencement, nor by the absence of a friend or relative of the applicant for entry when the applicant waived his right in that regard, nor by the introduction before the Board of testimony previously taken by an inspector, where the applicant made no objection thereto and did not seek to recall the witness. P. 355.

2. An applicant for admission who has never resided in the United States is not entitled under the Constitution to a judicial hearing of his claim that he is a citizen of the United States by birth. P. 357.

3. A petition in habeas corpus based solely on the right of the petitioner cannot be maintained on the right of another. P. 358.

4. When a party respondent has since died, the judgment (one of affirmance) will be nunc pro tunc as of the date of submission. P. 359.

Affirmed.

Appeal from a final order of the district court discharging a writ of habeas corpus, and remanding Poy, the petitioner, to the custody of the Commissioner of Immigration.