U.S. Court of Appeals for the Ninth Circuit, 1947

Yukio Chai v. Bonham

U.S. Court of Appeals for the Ninth Circuit · Decided December 29, 1947

165 F.2d 207; 1947 U.S. App. LEXIS 2045 (Federal Reporter, Second Series)

Counsel

C. A. Lirhus and Wettrick, Flood & O’Brien, all of Seattle, Wash., for appellant., J. Charles Dennis, U. S. Atty., and John E. Belcher, Asst. U. S. Atty., both of Seattle, Wash. (John P. Boyd, Immigration and Naturalization Service, of Seattle, Wash., on the brief), for appellee.

Cases that cite this one

12 later published cases cite this decision.

Malagon De Fuentes v. Gonzales (5th Cir. 2006)
Rosenberg v. Fleuti (Supreme Court of the United States 1963)
United States of America Ex Rel. Francesco Brancato v. John M. Lehmann, Officer in Charge, Immigration & Naturalization Service (6th Cir. 1956)
Uldarico Lozano-Giron v. Immigration and Naturalization Service (7th Cir. 1974)
In re Petition for Naturalization of LaVoie (District Court, Virgin Islands 1972)
Diego Ricardo Itzcovitz, a Permanent Resident Alien Residing in New York, New York v. Selective Service Local Board Number 6, New York, New York (2d Cir. 1971)
FARINAS (Board of Immigration Appeals 1967)
Mcleod v. Peterson (3d Cir. 1960)
McLeod v. Peterson (3d Cir. 1960)
United States Ex Rel. Alejandro Raca Alcantra v. John P. Boyd, District Director, Immigration and Naturalization Service (9th Cir. 1955)
Savoretti v. United States Ex Rel. Pincus (5th Cir. 1954)
Savoretti v. Voiler (5th Cir. 1954)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We have withheld disposition of this case pending decision in the Supreme Court of Delgadillo v. Carmichael, which has now been decided, 332 U.S. 388, 68 S.Ct. 10.

The facts on which appellant was ordered deported present an even flimsier case of “entry” than do those involved in Delgadillo v. Carmichael. Briefly, they are that appellant, a Japanese national, entered this country in 1907, remaining in the continental United States until 1934 when he went to Alaska as a seasonal employee of a Seattle cannery concern, to be returned to Seattle at the season’s end. His transportation, both going and coming, was arranged by his employer. In returning from Alaska to Seattle the vessel on which he was transported made' an unscheduled stop of three hours at Victoria, British Columbia. Appellant was below at the time and knew nothing either of the intention of the ship to leave United States waters or of the fact that it had done so. The vessel then proceeded to Seattle, where appellant disembarked. In 1941 a warrant was issued by the Department charging that he had been found in the United States in violation of the immigration laws. Deportation proceedings were had pursuant to the 1924 Act, 8 U.S.C.A. Ch. 6, on the ground that at the time of the alleged entry in 1934 he was not in possession of an unexpired immigration visa, was an alien ineligible to citizenship, and was not exempted by paragraph (c), § 13 of the Act, 8 U.S.C.A. § 213. Deportation having been ordered he sued for release on habeas corpus and the court below denied his petition.

On the authority of Delgadillo v. Car.michael, supra, the judgment is reversed with directions to discharge the petitioner.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.