Case Summary

On April 13, 1912, Tung Kee arrived in a U.S. port and taken into custody of the U.S. Commissioner of Immigration, set for deportation. Ben Wa filed for habeas against the commissioner, arguing that Tung Kee was a native-born resident of the U.S. and that deportation would be a denial of his constitutional rights. Wa, with attorneys, motioned for a stay of deportation, which was granted, but later cancelled on August 1, 1912 at the request of petitioner. The fate of the habeas petition and Tung Kee is unknown.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Deportation
• Immigration

Sites of significance

• U.S. Immigration Station (Seattle, Washington)

Outcome

Unknown

Fate of bound party

Unknown

Case Citation

RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 2202

Length of case file

Between 11 and 20 pages

Repository(s)

• National Archives and Records Administration, Seattle Branch, Washington (Seattle, WA) (Seattle, Washington)

State

• Washington

Tag(s)

• Birthright citizenship

People

• Kee, Tung (Ting) (bound party)
• Wa, Ben (petitioner)
• Cushman, Edward E. (judge)
• Hanford, C. H. (judge)
• Tucker, (petitioner attorney)
• Hyland, (petitioner attorney)
• DeBruler, Ellis (respondent)
• DeBruler, Ellis (holding party)

• Additional parties

  Crosby, Frank L. (Clerk)

  Lakin, Ed M. (Deputy)

  Engle, A. N. (Clerk)

  Hyland, Ivan L. (Notary Public)