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NAGLE V. LOI HOA, 275 U. S. 475 (1928)

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U.S. Supreme Court

Nagle v. Loi Hoa, 275 U.S. 475 (1928)

Nagle v. Loi Hoa

Nos. 115 and 116

Argued December 5, 1927

Decided January 3, 1928

275 U.S. 475


1. Under § 6 of the Chinese Exclusion Act, as amended, which provides that Chinese entitled to enter the United States shall be identified by the Chinese government or "such other foreign government of which at the time such Chinese person shall be a subject," the term "subject" is used in its narrower sense, and includes only those who, by birth or naturalization, owe permanent allegiance to the government issuing the certificates. P. 275 U. S. 477.

2. Therefore, Chinese cannot enter on a certificate of a government other than China to which they owe only temporary allegiance, though residing and transacting business within its territory. P. 275 U. S. 477.

3. Reenactment of a statutory provision without change is a legislative approval of the practical construction that it had received. P. 275 U. S. 481.

13 F.2d 80 reversed.

Certiorari, 273 U.S. 682, to judgments of the circuit court of appeals which reversed judgments of the district court dismissing petitions in habeas corpus brought by the above-named respondents against an immigration officer. chanroblesvirtualawlibrary

Page 275 U. S. 476

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