Case Summary

In September 1914, Chin Quock Wah, a native of China, was denied entry to the United States, detained, and subjected to deportation. Chin Quock Wah petitioned for a writ of habeas corpus which stated three main claims: the petitioner was denied a right to appeal, denied right to counsel, and his detainment and deportation was illegal as the petitioner's father was an American citizen. Regarding the denial of appeal claim, the petition stated that the Solicitor of the Department of Labor was the one who denied the appeal, and as the solicitor was not authorized to perform the duties of the Secretary of Labor, the petitioner was denied the right to appeal. Regarding the citizenship of the petitioner's father, Chin Wing Hin was found to be a citizen before a U.S. Commissioner and issued a signed certificate stating so. Immigration officials denied this certificate as sufficient proof of citizenship in the case of Chin Quock Wah. In a memorandum, the petitioner cited precedents supporting the use of signed certificates as proof of residence and citizenship. In a separate memorandum, the respondent refuted the denial of counsel argument by stating the Chinse Exclusion Act does not entitle immigrants to representation to counsel and stated that statues give the Secretary of Labor power to allow subordinates to rule on appeals. Judge Jeremiah Neterer ruled against the petitioner and agreed with the respondent arguments, therefore discharging the writ and remanding the petitioner to the custody of the Department of Immigration. The petitioner appealed up to the U.S. Supreme Court where the decision was affirmed.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Immigration

Sites of significance

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

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 2971

Source material(s)

Case File

Length of case file

Between 51 and 75 pages

Related petitions

• In the matter of the application of Ng Kwack Kang for a Writ of Habeas Corpus

Repository(s)

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

State

• Washington

Point(s) of law cited

Treaty relations between the US and China; Chinese Exclusion Act; U.S. v. Williams, 190 Fed. 898; Ex Parte Mac Fock, 207 Fed. 696; Ah How v. United States, 193 U.S. 63; United States v. Lew Poy Dow (D.C.) 199 Fed. 786; Ex-parte Lam Pui, 217 Federal, page 462; Chin Yow v. United States; United States v. Redfern (D.C); United States v. Quan Wah (D.C.); United States v. Williams; People v. Van Zile; Boyd v. Glucklich; Leung Jun v. United States; United States v. Gin Fung; Lee Lung v. Patterson

Tag(s)

• Appeal
• Birthright citizenship
• Children
• Deportation

People

• Neterer, Jeremiah (judge)
• Wah, Chin Quock (petitioner)
• Wah, Chin Quock (bound party)
• Beeler, Adam (petitioner attorney)
• Sullivan, John J. (petitioner attorney)
• White, Henry M. (respondent)
• White, Henry M. (responding party)
• White, Henry M. (holding party)
• Allen, Clay (respondent attorney)
• Fishburne, George P. (respondent attorney)
• White, Edward D. (Edward Douglas) (judge)
• Moodie, Albert (respondent attorney)

• Additional parties

  Crosby, Frank L. (Clerk)

  Densmore, J. B. (Solicitor of Department of Labor)

  Doyle, James H. (Notary Public)

  Post, Louis (Assistant Secretary of Labor)

  Wilson, W. B. (Secretary of Labor)

  Boyle, John M. (U.S Marshal)

  Wainwright, Morton D. (Deputy Marshal)

  Sargent, John H.

  Lakin, Edward M. (Deputy Clerk)

  Cushman, Edward E. (Judge)

  O'Connell, Jos. F. D.

  Makey, James D. (Clerk of SCOTUS)

  Martin, Walter S. (Notary Public)

  McGettrick, Felix W. (U.S Commissioner for VT)

  Center, John H. (U.S. Atty for VT)

  Hoskins, H. J. (Notary Public)

  Harshberger, F. M. (Clerk)

  Lieteh, S. E. (Deputy Clerk)

  Dattin, Eshel D. (U.S. Atty)

  Chin, Wing Hin [Chin, We Hue] (father of bound party)

  Lakin, Ed. M (Clerk)

  Cook, S.M.H. (Deputy Clerk)

  Sargent, John H. (Notary Public)