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JEW NGEE GWAY v. PROCTOR

No. 9203.

109 F.2d 355 (1940)

JEW NGEE GWAY v. PROCTOR, Commissioner of Immigration and Naturalization.

Circuit Court of Appeals, Ninth Circuit.

January 20, 1940.

Attorney(s) appearing for the Case

H. H. McPike, of San Francisco, Cal., for appellant.

J. Charles Dennis, U. S. Atty., and Gerald Shucklin, Asst. U. S. Atty., both of Seattle, Wash. (J. P. Sanderson, of Seattle, Wash., Immigration and Naturalization Service, on the brief), for appellee.

Before WILBUR, DENMAN, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a decision of the district court denying a writ of habeas corpus to appellant of Mongolian ancestry claiming the right to enter the United States. The case is controlled by the decision of the Supreme Court in Quon Quon Poy v. Johnson, 273 U.S. 352, 357, 47 S.Ct. 346, 71 L.Ed. 680, and appellant does not claim the right to a trial de novo in the district court as in cases of deportation...

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