Ng Fung Ho v. White

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Ng Fung Ho v. White
Seal of the United States Supreme Court.svg
Argued March 17–20, 1922
Decided May 29, 1922
Full case nameNg Fung Ho v. White
Citations 259 U.S. 276 ( more )
42 S. Ct. 492; 66 L. Ed. 938
Prior history 266 F. 765 (9th Cir. 1920)
Holding
In habeas corpus proceedings to test the validity of a deportation order, the petitioner is entitled to a de novo judicial trial on a claim of citizenship.
Court membership
Chief Justice
William H. Taft
Associate Justices
Joseph McKenna  · Oliver W. Holmes Jr.
William R. Day  · Willis Van Devanter
Mahlon Pitney  · James C. McReynolds
Louis Brandeis  · John H. Clarke
Case opinions
Majority Brandeis, joined by a unanimous Court

Ng Fung Ho v. White, 259 U.S. 276 (1922), is a United States Supreme Court decision holding that habeas corpus petitioners are entitled to a de novo judicial hearing to adjudicate claims that they are citizens of the United States. [1]

Habeas corpus is a recourse in law challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

Contents

See also

Related Research Articles

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References

  1. ↑ Ng Fung Ho v. White, 259 U.S. 276, 282 (1922).
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