Wong Wing v. United States

Facts of the Case

Lem Moon Sing, Chinese race, who claimed to have had a permanent domicile in the United States, and to have carried on business therein as a merchant before the passage of the act of August 18, 1894, and to have gone on a temporary visit to his native land with the intention of returning and continuing his residence in the United States — during which temporary absence Act 1892 was passed — was, on his return, prevented from landing, and was confined and restrained of his liberty by the collector of the port of San Francisco. He was sentenced under the Act of 1892, which provided that any such Chinese person, or person of Chinese descent, convicted and adjudged to be not lawfully entitled to be or remain in the United States, shall be imprisoned at hard labor for a period not exceeding one year, and thereafter removed from the United States.

Question

Does penalty of imprisonment at hard labor and deportation without a jury trial constitute a violation of the Fifth and Sixth Amendments?

CONCLUSION

Yes