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UNITED STATES v. ONG DEILK

47 F.2d 909 (1931)

UNITED STATES v. ONG DEILK.

District Court, W. D. New York.

March 9, 1931.

Attorney(s) appearing for the Case

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Joseph J. Doran, Asst. U. S. Atty., of Rochester, N. Y., of counsel), for the United States.

Oscar J. Brown, of Syracuse, N. Y. (John J. Scully, of Rochester, N. Y., of counsel), for defendant.

ADLER, District Judge.

The defendant was arrested on November 8, 1929, charged with unlawfully residing in the United States in violation of section 3 of the Act of May 5, 1892 (8 USCA § 284), commonly known as the Chinese Exclusion Laws. He claims to have been born within the United States and consequently to be a citizen thereof. He is a person of Chinese descent, and admittedly is in the United States without right unless, as he claims, he was born in this...

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