Case Summary

Moy Chong, a resident and business owner in Portland, departed to Hong Kong in 1892 on business and to visit relatives. Prior to departure, Chong appeared before a notary and received a signed certificate as proof of residence and his business to allow for re-entry. Nearly a year later, upon return, Chong was denied entry by a deputy collector. The deputy collector confiscated the certificate and refused to return it. Chong was informed he had to board a steamship along with 200 other Chinese passengers to return to Hong Kong. Chong's application for a writ of habeas corpus was granted by the Superior Court of Pierce County and he was discharged by the U.S. Commissioner. An appeal was taken questioning the jurisdiction of the U.S. Commissioner. In the District Court, Chong's petition was denied and Chong was placed in the custody of U.S. Marshall, J.C. Drake. Chong's attorney gathered multiple affidavits from business partners and those personally acquainted with Chong to establish proof of his residence; one of which stated the reason Chong had difficulty upon entry was that the notarized certificate misspelled Chong's name as "Chung" and that Chong's business was mistakenly referred to as "Won Chem Wo Co." instead of "On Chong Wa & Co." The Circuit Court issued a writ of habeas corpus to stop the deportation yet the results of the proceedings are unknown. See related petitions of Wah Ni and Moy Wah, both of whom had same experiences and petitioned with Moy Chong.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Immigration

Sites of significance

• McNeil Island Penitentiary (Steilacoom, Washington)

Outcome

Writ allowed

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. 272

Source material(s)

Case File

Length of case file

Between 31 and 40 pages

Related petitions

• In the Matter of the Application of Wah Ni for a Writ of Habeas Corpus
• In the Matter of the Application of Moy Wah 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

Geary Act, 1892

Tag(s)

• Mass deportation
• Deportation

People

• Chong, Moy (Moye Chong) (petitioner)
• Chong, Moy (Moye Chong) (bound party)
• Snell, Marshall K. (petitioner attorney)
• Drake, James C. (respondent)
• Drake, James C. (responding party)
• Drake, James C. (holding party)
• Brinker, William H. (respondent attorney)
• Hanford, Cornelius Holgate (judge)

• Additional parties

  Marks, J.E. (Notary Public)

  Taylor, W.W. (Affiant, signed certificate)

  Chung, Lee (Affiant, business partner)

  Pritchard, W.H. (Judge, Superior Court of Pierce County)

  Clifford, Miles E. (Court Commissioner, Circuit Court of the United States at Tacoma)

  Murray, Charles A. (Notary Public)

  Richard, W.C. (Notary Public)

  Luyles, Jay C. (Notary Public)

  Ayure, A.R. (Clerk)

  Hopkins, R.M. (Deputy Clerk)

  Wisdom, J.D. (Signed certificate)

  Fuller, Melville W. (Chief Justice of the Supreme Court of the United States, witness to writ)