Ju Jee Bo v. Nagle
Ju Jee Bo v. Nagle
Opinion of the Court
This is an appeal from an order denying a petition for a writ of habeas corpus. The only question involved is the relationship of the appellant to an American citizen. It appears from the record that the appellant arrived at the port of San Francisco from China on June 30, 1926, accompanied by an alleged brother, an alleged uncle, and his two sons. Numerous hearings were had before the Board of Special Inquiry, the last of which occurred on October 1, 1926. At that hearing, the appellant gave certain testimony, and was then asked if she had any additional statement to make. In response to the inquiry, she stated in substance that she knew that she had no mother, and that the statements that she had theretofore made to the various officers she
Upon the record as made, the other four Chinese to whom we have referred were landed, but the application of the appellant for admission was denied, and an appeal was taken. Some days thereafter, the attorney for the appellant addressed a letter to the Commissioner of Immigration, asking that he be accorded a personal interview with the appellant to enable him to prepare a brief for the department. On the following day, at a second interview, the same attorney took a statement from her, through an interpreter, in which she denied categorically the statements alleged to have been made by her at the last hearing on October 1. Affidavits of the alleged brother and the two alleged cousins were filed at the same time. In these affidavits the witnesses claimed that they had been importuned at various times by interpreters in the immigration service to disclaim or deny their relationship to the appellant, but that they had persistently refused to do so, insisting at all times that she was related to them as claimed. The statement of the appellant and the last-mentioned affidavits were thereupon transmitted to the department with the record on appeal. There were likewise transmitted statements from the interpreters and various inspectors, denying generally the acts of misconduct charged against the interpreters. Upon this record the department concluded that the claimed relationship had not been established.
It seems almost unnecessary to say that, if the testimony as above set forth was given by the appellant as claimed, the decision of the department is supported by competent testimony. Nor can we see the materiality of either the affidavits filed by the alleged brother and cousins, nor the unsworn statement made by the appellant herself. Admitting for the moment that the interpreters were guilty of misconduct as claimed, it clearly appears from the affidavits that the appellant was not prejudiced thereby, because the witnesses at all times maintained that she was related to them as claimed, and so far as the appellant herself is concerned she does not claim that the statement she made before the Board of Special Inquiry was made under duress, or that she was induced to make it .through false promises or deception. She simply denied the statement in toto. The question was, therefore, Did she njake the statement, and was her testimony correctly transcribed in the record ? The department has so found, and there is no conceivable ground upon which that ruling can be reviewed by the courts.
The order is therefore affirmed.
Reference
- Full Case Name
- JU JEE BO v. NAGLE, Commissioner of Immigration
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- 1 case
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