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How this document has been cited

—where a Chinaman who claimed to have been born in the United States was ordered deported by the commissioner because he found that the prisoner had not "satisfactorily established, by affirmative proof, his lawful right to be and remain in the United States," the order of deportation was reversed by the Circuit Court of Appeals for the Seventh Circuit, because one …

- in Ng Fung Ho v. White, 1922 and 4 similar citations

Nativity gives citizenship, and is a right under the Constitution. It is a right that congress would be without constitutional power to curtail or give away. It is a right to be adjudicated in the courts.... The citizen deported is banished, and banishment is a punishment that can follow only a judicial determination in due process of law

- in Yafai v. Pompeo, 2019 and 2 similar citations

Case, as in the others cited, the finding on review was that the evidence as a whole placed beyond substantial contradiction the fact that the person in question was a native-born citizen.

- in The Federal Reporter and one similar citation

His coming here while still an infant, and the death of his parents during his early childhood, if true, would reasonably account for his having no papers, and for his inability to produce better evidence as to his birth and early childhood.

- in Lo Kee v. United States, 1929 and one similar citation

A Chinese person claiming to have been born in territory of the United States has the burden of proof to establish such fact, by affirmative proof

- in Reports of Cases Determined in the Supreme Court of the Philippine Islands … and one similar citation

Thus, the Courts have long held that special procedural protections had to be afforded against the removal of possible citizens.

- in In the United States Court of Appeals for the Tenth Circuit and one similar citation

—“brought nothing,” according to court records, “either to impeach the credibility of the witnesses or disprove the probability of their narrative.”

- in Deportation: The Origins of US Policy and one similar citation

It has been held by the circuit court of appeals for the seventh circuit that this provision does not apply in the case where the defendant asserts citizenship of the United States, and that the burden of proof is upon the government in such a case.

- in Reports of Cases Adjudged in the Court of Appeals of the District of Columbia and one similar citation

Anything less than that would amount to the right to banish any US citizen with the temerity to marry a non-citizen, without so much as a reason—hardly an outcome that comports with the Constitution, as this court observed more than a century ago.

- in Yafai v. Pompeo, 2019 and one similar citation