Cheung Sum Shee v. Nagle, 268 U.S. 336 (1925)

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Cheung Sum Shee v. Nagle

No. 769

Argued April 17, 20, 1925
Decided May 25, 1925
268 U.S. 336

ON CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. Alien Chinese wives and minor children, of Chinese merchants lawfully domiciled in the United States, are not mandatorily excluded from admission by the Immigration Act of 1924, which provides that "no alien ineligible to citizenship shall be admitted to the United States unless such alien is . . . not an immigrant, as defined in Section 3," and in that section classifies as a nonimmigrant

an alien entitled to enter the United States solely to carry on trade under and in pursuance of the provisions of a present existing treaty of commerce and navigation.

P. 344.

2. Such wives and children were guaranteed the right of entry by the Treaty of 1880. United States v. Mrs. Gue Lim, 176 U.S. 459. Id.

3. The Act of 1924 should be construed with a view to preserving this treaty right, and the legislative history and general terms of the Act permit this. P. 345.

4. Such aliens, being in effect specified by the Act itself as "nonimmigrants," are not barred by § 5, which declares that an alien not particularly specified in the Act as a nonquota immigrant or nonimmigrant shall not be admitted as such

by reason of relationship to any individual who is so specified or by reason of being excepted from the operation of any other law regulating or forbidding immigration.

P. 346.

Question certified by the circuit court of appeals, arising on the review of a decision of the district court (2 F. 2d 995) which refused relief by habeas corpus to Chinese aliens held for deportation by the immigration authorities.