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UNITED STATES V. JU TOY, 198 U. S. 253 (1905)

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U.S. Supreme Court

United States v. Ju Toy, 198 U.S. 253 (1905)

United States v. Ju Toy

No. 636

Argued April 3, 1905

Decided May 8, 1905

198 U.S. 253


Even though the Fifth Amendment does apply to one seeking entrance to this country, and to deny him admission may deprive him of liberty, due process of law does not necessarily require a judicial trial, and Congress may entrust the decision of his right to enter to an executive officer.

Under the Chinese exclusion and the immigration laws, where a person of Chinese descent asks admission to the United States, claiming that he is a native born citizen thereof, and the lawfully designated officers finds that he is not, and upon appeal that finding is approved by the Secretary of Commerce and Labor, and it does not appear that there was any abuse of discretion, such finding and action of the executive officers should be treated by the courts as having been made by a competent tribunal, with due process of law, and as final and conclusive, and in habeas corpus proceedings, commenced thereafter and based solely on the ground of the applicant's alleged citizenship, the court should dismiss the writ and not direct new and further evidence as to the question of citizenship.

A person whose right to enter the United States is questioned under the immigration laws is to be regarded as if he had stopped at the limit of its jurisdiction, although physically he may be within its boundaries.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 198 U. S. 258

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