Sing v. United States

In June, 1893, Li Sing a native of China, but then a resident 487 of Newark, New Jersey, returned to China and took with him a certificate purporting to have been issued by the imperial government of China, at its consulate at New York, and signed by its consul, that he was permitted to return to the United States and was entitled to do so, and which, furthermore, styled him a wholesale grocer. This certificate was vised in Hong Kong by the United States consul on June 27, 1896, when Li Sing was about to return to this country. He thereafter returned by the way of Canada, presented the certificate to the United States collector of customs at Malone, New York, who canceled it on August 28, 1896, and permitted him to enter the country.

On January 6, 1897, the United States officer, who is called the United States inspector for the port of New York, represented in writing and under oath to John A. Shields, United States commissioner for the southern district of New York, that Li Sing had unlawfully entered the United States. was unlawfully within that district, and that he was and had been for many years a Chinese laborer. Whereupon he was brought before the commissioner for examination. It was claimed by the counsel for Li Sing before the commissioner that by the action of the collector of customs at Malone the question of the Chinaman's right to be and remain in this country was res judicata, and also that he was a merchant. Testimony as to his status as a merchant was given by Chinese witnesses exclusively, which was received by the commissioner, notwithstanding the objection of the attorney of the United States. The commissioner found, upon all the evidence, that Li Sing was, at the time of the examination, a Chinese laborer, that he was such at the time he departed for China, and for several years prior thereto, and was such after his return from China in August, 1896.

The commissioner ordered his deportation, but did not order imprisonment as a punishment or penalty. A writ of habeas corpus and a writ of certiorari were thereupon allowed by the circuit court for the southern district of New York upon Li Sing's petition. After a hearing the writ of habeas corpus was dismissed, and the relator was remanded to the custody of the United States marshal for deportation. An appeal was then taken by the relator from the order of the circuit court to the circuit court of appeals for the second circuit, and, on April 7, 1898, that court affirmed the order of the circuit court.

A writ of certiorari was thereafter, on February 1, 1899, allowed by this court.

Mr. W. C. Beecher for petitioner.

Messrs. Assistant Attorney General Hoyt, Attorney General Griggs, Solicitor General Richards, and Henry L. Burnett for respondent.

Mr. Justice Shiras delivered the opinion of the court: