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CHIN YOW V. UNITED STATES, 208 U. S. 8 (1908)

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U.S. Supreme Court

Chin Yow v. United States, 208 U.S. 8 (1908)

Chin Yow v. United States

No. 76

Submitted December 13, 1907

Decided January , 1908

208 U.S. 8

Syllabus

The conclusiveness of the decision of the Commissioner of Immigration denying a person the right to enter the United States under the immigration laws must give way to the right of a citizen to enter, and also to the right of a person seeking to enter, and alleging that he is a citizen, to prove his citizenship, and it is for the courts to finally determine the rights of such person.

A Chinese person seeking to enter the United States and alleging citizenship is entitled to a fair hearing, and if, without a fair hearing or being allowed to call his witnesses, he is denied admission and delivered to the steamship company for deportation, he is imprisoned without the process of law to which he is entitled, and although he has not established his right to enter the country, the federal court has jurisdiction to determine on habeas corpus whether he was denied a proper hearing and, if so, to determine the merits; but unless and until it is proved that a proper hearing was denied, the merits are not open. United States v. Ju Toy, 198 U. S. 253, distinguished.

Denial of a hearing by due process cannot be established merely by proving that the decision on the hearing that was had was wrong.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 208 U. S. 10





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