United States v. Ju Toy

198 U.S. 253, 25 S. Ct. 644, 49 L. Ed. 1040, 1905 U.S. LEXIS 1125
CourtSupreme Court of the United States
DecidedMay 8, 1905
Docket535
StatusPublished
Cited by327 cases

This text of 198 U.S. 253 (United States v. Ju Toy) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ju Toy, 198 U.S. 253, 25 S. Ct. 644, 49 L. Ed. 1040, 1905 U.S. LEXIS 1125 (1905).

Opinions

Mr. Justice Holmes

delivered the opinion of the court.

This case comes here on a certificate from the Circuit Court of Appeals presenting certain questions of law. It appears that the appellee, being detained by the master of the Steamship Doric for return to China, presented a petition for habeas corpus to the District Court, alleging that he was a native-born citizen of the United States, returning after a temporary [259]*259departure, and was denied permission to land by the collector of the port of San Francisco. It also appears from the petition that he took an appeal from the denial, and that the decision was affirmed by the Secretary of Commerce and Labor. No further grounds are stated. The writ issued and the United States made return, and answered showing all the proceedings before the Department, which are not denied to have been in regular form, and setting forth all of the evidence and the orders made. The answer also denied the allegations of the petition. Motions to dismiss the writ were made on the grounds that the decision of the Secretary was conclusive and that no abuse of authority was shown. These were denied, and the District Court decided seemingly on new evidence, subject to exceptions, that Ju Toy was a native-born citizen of the United States. An appeal was taken to the Circuit Court of Appeals alleging errors the nature of which has been indicated. Thereupon the latter court certified the following questions:

“First. Should a District Court of the United States grant a writ of habeas corpus in behalf of a person of Chinese descent being held for return to China by the steamship company which brought him therefrom, who having recently arrived at a port of the United States made application to land as a native-born citizen thereof and who, after examination by the duly authorized immigration officers, was found by them not to have been born in the United States, was denied admission and ordered deported, which finding and action upon appeal was affirmed by the Secretary of Commerce and Labor, when the foregoing facts appear to the court and the petition for the writ alleges unlawful detention on the sole ground that petitioner does not come within the restrictions of the Chinese exclusion acts, because born in and a citizen of the United States and does not allege or show in any other way unlawful action or abuse of their discretion or powers by the immigration officers who excluded him?
“Second. In a habeas corpus proceeding should a District [260]*260Court of the United States dismiss the writ or should it direct' a new or further hearing upon evidence to be presented where the writ had been, granted in behalf of a person of Chinese descent being held by the steamship company for return to China from, whence it brought him, who recently arrived from that country and asked permission to land upon the ground that he was born in and was a citizen of the United States, when the uncontradicted return and answer show that such person was granted a hearing by the proper immigration officers who found he was not born in the United States, that his application for admission was considered and denied by such officers, and that thé denial was affirmed upon appeal to the Secretary of Commerce and Labor, and where nothing more appears to show that such executive officers failed to grant a proper hearing, abused their discretion, or acted in any unlawful or improper way upon the case presented to them for determination?
“Third. In a habeas corpus proceeding in a District Court of the United States instituted in behalf of a person of Chinese descent being held for- return to China by the steamship company which recently brought him therefrom to a port of the United States and who applied for admission therein upon the ground that he was á native-born citizen thereof but who, after a hearing, the lawfully designated immigration officers found was not born therein and to whom they denied admission which finding and denial, upon appeal to the Secretary of Commerce and Labor, was affirmed — should the court treat the finding and action of such executive officers upon the question of citizenship' and other questions of fact as having been made by a tribunal authorized to decide the same and as final arid conclusive unless it be made affirmatively to appear that' such officers, in the case submitted to them, abused the discretion .vested iri them or in some other way in hearing and determining the same committed prejudicial error?”

We assume in what we have to say, as the questions assume, [261]*261that no abuse of authority of any kind is alleged. That being out of the case, the first of them is answered by the case of United States v. Sing Tuck, 194 U. S. 161, 170. “A petition for habeas corpus ought not to be entertained, unless the court is satisfied that the petitioner can make out at ldast a prima jade case.” This petition should have been denied on this ground, irrespective of what more.we have to say, because it alleged nothing except citizenship. It disclosed neither abuse of authority nor the existence of evidence not laid before the Secretary. It did not even set forth that evidence or allege its effect. But as it was entertained and the .District Court found for the petitioner it would be a severe measure to order the petition to be dismissed on that ground now, and we pass on to further considerations.

The broad question is presented whether or not the decision of the Secretary of Commerce and Labor is conclusive. It was held in United States v. Sing Tuck, 194 U. S. 161, 167, that the act of August 18, 1894, c. 301, § 1, 28 Stat. 372, 390, purported to make it so, but whether the statute could have that effect constitutionally was left untouched, except by a reference to cases where an opinion already had been expressed. To quote the latest first, in The Japanese Immigrant Case (Yamataya v. Fisher), 189 U. S. 86, 97, it was said: “That Congress may exclude aliens of a particular race from the United States; prescribe the terms and conditions upon which certain classes of aliens may come to this country; establish regulations for sending out of the country such aliens as come here in violation of law; and commit the enforcement of such provisions, conditions and regulations exclusively to exécutive officers, without judicial intervention, are. principles firmly established by the decisions of this court.” See also Turner v. Williams, 194 U. S. 279, 290, 291; Chin Bak Kan v. United States, 186 U. S. 193, 200. In Fok Young Yo v. United States, 185 U. S. 296, 304, 305, it was held that the decision of the collector of customs on the right of transit [262]*262across the territory of the United States was conclusive, and, still more to the point, in Lem Moon Sing v. United States, 158 U. S. 538, where the petitioner for habeas corpus alleged facts which, if true, gave him a right to enter and remain in the country, it was held that the decision of the collector was final as to whether or.not he belonged to the privileged class.

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Bluebook (online)
198 U.S. 253, 25 S. Ct. 644, 49 L. Ed. 1040, 1905 U.S. LEXIS 1125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ju-toy-scotus-1905.