v0823-603

Xo. 22/8.

United States Circuit Court of Appeals for the Ninth

Circuit.

THE UNITED STATES OF AMERICA.

Appellant,

vs.

JIM HOXG,

Appellee.

In the Matter of the Application of JIM HOXG for a

Habeas Corpus.

APPELLEE'S BRIEF.

This is an Appeal by the L'nited States Marshal for

the District of Arizona from a final order rendered in a

Habeas Corpus proceeding in the District Court, for the

District of Arizona, discharging the Appellee from cus-

tody.

FACTS.

On or about November 20th, 191 2, the Assistant

L'nited States Attorney, for the District of Arizona,

made complaint in writing before the L'nited States

Commissioner in Phoenix, Arizona, (R 10) to the ef-

fect that "Jim Hong is a Chinese person not lawfully en-

titled to be or to remain in the L'nited States, and that

the said Jim Hong is now in the District of Arizona,"

and prayed that a warrant be issued "for the arrest of

the said Jim Hong; that he may be dealt with in accord-

ance with law" ( R 10).

Thereafter on the same dav, the warrant sought was

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