Poy v. United States

W.D. Texas

Poy v. United States

189 F. 288, 1911 U.S. Dist. LEXIS 194

CourtDistrict Court, W.D. Texas

DecidedJuly 21, 1911

DocketNo. 272

StatusPublished

This text of 189 F. 288 (Poy v. United States) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Poy v. United States, 189 F. 288, 1911 U.S. Dist. LEXIS 194 (W.D. Tex. 1911).

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Opinion

MAXEY, District Judge

(after stating the facts as above). The present is purely a fact case. The two witnesses for appellant — whose testimony is unimpeached — tell a plain, straightforward, and apparently truthful story, touching the birth of the appellant in San Francisco, and their knowledge of his whereabouts until he reached the age of 18 or 20 years. Although the statements made by the appellant in his testimony taken by Mr. Oliver after the order of deportation was entered by the commissioner differed in some respects from those made by him about the time of his arrest to the immigration officials, yet it must be remembered that he is unacquainted with our language, and that the statements, made to the immigration authorities, were made at an ex parte examination in the absence of either attorney or friends. The circumstances considered, due allowance should be made for admissions thus elicited.

Upon a review of the record the court is of the opinion that the appellant has fairly proved his American citizenship.

The courts should not be expected to ignore altogether the testimony of witnesses who tell 'a candid and consistent story and who stand unimpeached.

The order of deportation will be reversed and the appellant dis- ■ charged.

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MAXEY, District Judge

(after stating the facts as above). The present is purely a fact case. The two witnesses for appellant — whose testimony is unimpeached — tell a plain, straightforward, and apparently truthful story, touching the birth of the appellant in San Francisco, and their knowledge of his whereabouts until he reached the age of 18 or 20 years. Although the statements made by the appellant in his testimony taken by Mr. Oliver after the order of deportation was entered by the commissioner differed in some respects from those made by him about the time of his arrest to the immigration officials, yet it must be remembered that he is unacquainted with our language, and that the statements, made to the immigration authorities, were made at an ex parte examination in the absence of either attorney or friends. The circumstances considered, due allowance should be made for admissions thus elicited.

Upon a review of the record the court is of the opinion that the appellant has fairly proved his American citizenship.

The courts should not be expected to ignore altogether the testimony of witnesses who tell 'a candid and consistent story and who stand unimpeached.

The order of deportation will be reversed and the appellant dis- ■ charged.

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Bluebook (online)

189 F. 288, 1911 U.S. Dist. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poy-v-united-states-txwd-1911.