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ONLY SENT IT TO 5 PEOPLE CUZ HE THOUGHT HED BE SAFE AND IT WAS PROBLY JUST A JOKE BUT OH HOW RONG WAS HE! Holm resorted to a widely recognized remedy in the Anglo-American legal system for violations of personal liberty: the writ of habeas corpus.
Chinese in the United States had long experience with writs of habeas corpus, with their American lawyers using it from the inception of the Exclusion Act to prevent the Immigration Service from denying entry to Chinese women. Cargoes of such women are landed here without certificates while wives of respectable Chinese .
Compared with the speed with which administrative appeals had been acted upon, the progress of Quok Shee's court case was interminably slow. Many detainees have told of the lamentable conditions of incarceration on Angel Island, of their isolation and emotional exhaustion. Is it true that you want your case in the courts abandoned and that you desire to be deported on the "Sib. Kwok Shee has had no money for seven months—is wearing shoes and stockings that have been given to her by American friends. Drawing on emotional resources we can only imagine, Quok Shee resisted the pressures to have her return to China. Surprisingly, while the courts upheld the exclusion acts in general, individual Chinese had fared rather well when seeking individual relief.
Holm based his appeal of the district court's ruling on the only arguments possible under the law: that the Immigration Service had not correctly followed its own procedures and that Holm should have been allowed to present new evidence to explain the discrepancies in his clients' testimony. On August 22, 1917, Commissioner White noted that "while this decision can only be viewed with satisfaction, it seems probable that a petition for rehearing will be filed by the appellant, based on the recent decision in the case of Mah Shee, Bureau No.
Holm and Chew went back to the district court, launching another petition for a writ of habeas corpus, this time arguing that Quok Shee's lawyers (at the time, McGowan and Worley) had been prevented from interviewing her. Although another six months of waiting were in store for Quok Shee while the appeal was under consideration, this one would have a very different outcome. Said informant stated that a friend of hers had told her of a confession made to her by the alleged husband wherein he admitted that the applicant is not his wife but that he is bringing her to this country for immoral purposes for which action he will receive the sum of $3,000, and that said applicant had formerly been a prostitute in Hong Kong.
If Chew was tenacious in pursuing appeals on behalf of Quok Shee, the Immigration Service was just as determined to assert its authority and prevent her entry.
Quok Shee, the highest court in San Francisco has recently decided that we had a right to deport you and we would have deported you today if your alleged husband had not taken your case to the courts again.
On December 13, Inspector Mayer again tried to persuade Quok Shee to demand that her lawyer drop her petition for a writ of habeas corpus. My lawyer has already promised me in two weeks, so I am not willing to wait any longer than that. Quok Shee is in a highly nervous state and I really believe that she will undergo great physical suffering, as well as mental if confined at Angel Island any longer.
This woman is in a wrought up condition over the matter and it would be a great relief to her and to this office if a dismissal of the [appeal] could be secured. On March 6, 1918, Dion Holm went before the circuit court of appeals in San Francisco to argue his side of Chew v. After nearly four weeks, the Circuit Court of Appeals, Ninth Circuit, issued its ruling on April 1, 1918. There is something majestic in witnessing the delivery of justice, even from a vantage point of more than eighty years after the fact. At first blush, this case is both a powerful example of the harsh treatment often afforded Asian immigrants during the period of the exclusion acts and an indictment of how the Immigration Service abused the broad powers given to it. Why were they pursued so doggedly—almost obsessively—when the discrepancies in their stories seemed so minor, so plausible? We know only that in 1927, Chew told immigration authorities that his wife had complained he was not giving her enough money and had run off with another man. The author thanks Neil Thomsen and his colleagues at the National Archives and Records Administration–Pacific Region (San Francisco) in San Bruno, California, for their patient assistance in helping him piece together this story.


Names, ages, sex, occupation, nationality, height, literacy, destination, and amount of money carried by the Nippon Maru's passengers are from Passenger Lists of Vessels Arriving at San Francisco, CA, 1893–1953, National Archives and Record Administration Microfilm Publication M1410, roll 91, RG 85. Articles published in Prologue do not necessarily represent the views of NARA or of any other agency of the United States Government. A FEW DAYS LATER ON THE MONDAY NIGHT SHE WAS WOKEN UP BYE LOUDE FOOTSTEPS AND HEAVY BREETHING THERE WAS CLARISSA STANDING THERE WITH A HUGE KNIFE AND WELL JENNY IS HISTORY NOW.
To do so, he somehow brought in additional legal firepower: Dion Holm, a young, brilliant lawyer whose family had been in business in San Francisco since the gold rush. The most important version of this writ directs someone who holds another in custody to produce the body of that person before the court in order that the court may rule on the legality of the detention. According to Vincent Tang, those with the most success were the Chinese criminal gangs (tong) who brought in prostitutes. On November 24, the day before Quok Shee was to be deported, Dion Holm went to the Federal District Court for Northern California on behalf of Chew and filed a petition for a writ of habeas corpus. Told to oral historians or written on the walls of the barracks, their words speak of a desolate period in their lives. Quok Shee was held for observation at the Public Health Service's quarantine station on the opposite side of the island, then released on March 20. She doesn't know what has been done about her case and desires earnestly to be sent back to China. In immigration it takes the form of forged papers, sale of genuine papers, smuggling, and bribes.
With many willing to pay, many others were willing to be paid—kitchen help smuggled in coaching materials, watchmen looked the other way, inspectors changed their recommendations, file clerks helped files disappear temporarily while photographs were switched. Of the 2,288 Chinese petitions for habeas corpus filed between 1891 and 1905, well over half had been decided in favor of the petitioners. Holm had learned that the Immigration Service had a dirty little secret: it had been withholding information. Immigration officials were persuaded by a few minor discrepancies in testimony, buttressed by the word of an unnamed informer. On November 9, 1917, and again on November 20, and yet again on December 13, Immigration Inspector Mayer interviewed Quok Shee. Wisner, the interpreter): During the last month, every time I have seen this woman, I have been asked to take a note to Mr. I have been told that she has on many occasions threatened to commit suicide if not released.
The case had been heard by Judges Gilbert, Ross, and Hunt, the same trio who had heard Chew's first appeal.
Quok Shee's case had been building for so long, and the documentation already so voluminous, that I was unprepared for the effect of unfolding yet another document.
Or was he, as the Immigration Service claimed, bringing her to the United States for "immoral purposes"?
Despite her isolation, her manipulation at the hands of Immigration Service inspectors, her fragile emotional and physical state, and the frequent examples of the women being deported and forced by the Immigration Service to leave the country, Quok Shee stuck to her story. The court released her on $250 bond, the Immigration Service closed her case file, and this story ends. This NARA facility houses (among much other material) microfilm copies of passenger lists for ships entering West Coast ports, immigration case files, departure records for resident Chinese, naturalization records, and Chinese business partnerships. He immediately issued a court order for the commissioner of immigration to appear on November 29.
One can only imagine how the threat of smallpox and subsequent removal to the station must have compounded her sense of isolation and despair.
She feels very much neglected because she is clinging to the idea that she is really married and gets no response either from her Chinese friends or her lawyer. Wilkinson of the Immigration Service had secretly talked with an informer shortly after the couple arrived on Angel Island.


Are you willing to wait awhile for the court now to decide your case or do you still wish to be sent to China as soon as possible? In his opinion, Judge Gilbert this time expressed his clear opposition to the behavior of the Immigration Service. This one was dated May 2, 1918, printed on a stiff, heavy paper, embossed and weighty in its official-ness: the actual order from the court of appeals, commanding that a writ of habeas corpus be issued for Quok Shee.
It seems unlikely that a merchant whose entire resources amounted to less than $1,350—his stake in the Dr. Does she have descendants, and could they answer our questions about Chew Hoy Quong and his "alleged wife"? So many, in fact, that gaining entry via a writ of habeas corpus practically labeled a woman a prostitute. Chinese women of that period were much more likely to be uneducated and less worldly than male detainees.
Chinese women were even scarcer: the first act had driven the ratio of Chinese men to women to over 26 to 1.
Holm immediately went to the circuit court of appeals, on November 19, again petitioning for a writ of habeas corpus. Mayer, begging them to use their utmost endeavors to send her back on the first Japanese boat.
Invoking the awesome power of the country's highest official, it left no doubt that the judicial system was now working for Quok Shee and her liberty. Why, really, did the Immigration Service come down so hard on Quok Shee and Chew even before talking to the informer? Even in moments of despair when she asked to be sent back to China, she never recanted or disavowed Chew as her husband.
Where the official documents leave off, perhaps a much longer story begins: Quok Shee's life in the United States.
He went back to China in 1924 and returned to San Francisco in 1927, when he was interviewed by the Immigration Service. It is maddening to think of the writ of habeas corpus, that sacred birth right of Anglo Saxons, and the safeguard of our liberties, being turned into a slave chain to drag these women down to hell. On December 15 Judge Dooling ruled in favor of the government and denied the petition of a writ of habeas corpus.
That ratio improved over time, but in 1916 there were still more than ten Chinese men for every Chinese woman in the United States. He accused the Immigration Service of refusing him an opportunity to confer with Quok Shee and of withholding information about the informer.
Their numbers were perhaps but one-tenth that of the men, making it less likely that they would have the companionship of someone who spoke their own dialect.
Perhaps his legal costs really were underwritten by a criminal element with sinister designs on Quok Shee. Aside from that, we hold that the fact that the immigration authorities received a confidential communication concerning the applicant's right to admission, upon which they acted, and which was forwarded to the Department of Labor for its consideration, was sufficient to constitute the hearing unfair. However far the hearing on the application of alien for admission into the United States may depart from what in judicial proceedings is deemed necessary to constitute due process of law, there clearly is no warrant for basing a decision, in whole or in part, on confidential communications, the source, motive, or contents of which are not disclosed to the applicant or her counsel and where no opportunity is afforded them to cross-examine, or to offer testimony in rebuttal thereof, or even to know that such communication has been received.
Or, more benignly, perhaps the legal fees were paid by the Chinese Consolidated Benevolent Association, better known as the Chinese Six Companies.



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