Damon ex rel. Kock Tang v. Johnson

U.S. Court of Appeals for the First Circuit
Damon ex rel. Kock Tang v. Johnson, 16 F.2d 1015 (1st Cir. 1927)
1927 U.S. App. LEXIS 3690

Damon ex rel. Kock Tang v. Johnson

Opinion of the Court

BINGHAM, Circuit Judge.

Koek Tang and Koek Bow are applicants for admission to the country as the foreign-bom sons of Young Fung Hing, a native-born citizen. They were ordered deported by the Department of Labor. Thereupon habeas corpus proceedings were instituted in the District Court for Massachusetts. The District Court, following our decision in Johnson, Com’r, v. Koek Shing, 3 F.(2d) 889, declined to find that the applicants were not afforded a fair hearing before the, immigration authorities and entered an order remanding them for deportation, and this appeal was taken. We regard the evidence in this case as less favorable to the applicants than was the evidence in Johnson, Com’r, v. Koek Shing, supra, and see no reason for questioning the order of the court below.

The decree of the District Court is affirmed.

Concurring Opinion

ANDERSON, Circuit Judge,

concurs, on the ground that there is clear evidence distinguishing this ease from Johnson v. Koek Shing, supra, in which he dissented.

Reference

Full Case Name
Everett Flint DAMON ex rel. KOCK TANG v. John P. JOHNSON, United States Commissioner of Immigration
Status
Published