Kwock Jan Fat v. White, 253 U.S. 454 (1920)

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Kwock Jan Fat v. White

No. 313

Argued April 30, 1920
Decided June 7, 1920
253 U.S. 454

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Upon a demurrer to a petition for habeas corpus alleging unlawful detention under the Chinese Exclusion Laws, the testimony and other papers pertaining to the proceedings of the immigration authorities, when added, by reference, to the petition and filed with it and with the respondent’s return, are to be considered in interpreting the allegations of the petition. P. 457.

An adverse decision of the Secretary of Labor upon the identity of a Chinese person, claiming to be an American citizen by birth and as such entitled to reenter the United States, is not conclusive upon the courts if the proceedings were manifestly unfair and if it clearly appear that a fair investigation of his rights was thereby prevented. P. 457 et seq.

In such cases, the essentials of the evidence produced before the examining inspector by the person seeking to reenter must be preserved in the record of the proceedings no less for the information of the Commissioner of Immigration and the Secretary of Labor in exercising their authority than for the information of the court in determining whether that authority has been abused. P. 464.

255 F. 323 reversed.

The case is stated in the opinion.