## Facts

- Ah Sou, a young Chinese woman, was brought from China to the United States by a man who had purchased her and compelled her to engage in prostitution.
- U.S. authorities apprehended her as unlawfully present under the federal Chinese exclusion laws.
- A United States commissioner found her unlawfully in the United States and ordered her deported to China.
- In district court review, Ah Sou testified that return to China would result in her being forced into lifelong sexual servitude.
- The district court agreed she was unlawfully present but vacated the deportation order based on the anticipated humanitarian consequences of deportation.
- The United States appealed.

## Issues

1. Whether a federal court may vacate or refuse to enforce a deportation order on humanitarian or equitable grounds when the noncitizen is unlawfully present and the governing statute mandates deportation.

## Decision

- The Ninth Circuit reversed the district court.
- The court held that, once statutory conditions for deportation are satisfied, courts lack authority to create humanitarian exceptions not found in the statute.
- The effect of the reversal was to restore the commissioner’s deportation order requiring Ah Sou’s removal.

## Legal Principles

- Immigration exclusion and deportation are principally committed to Congress and the executive; judicial review is limited to determining whether the person falls within a class the statute makes removable.
- When Congress has clearly mandated deportation upon proof of unlawful presence, courts may not nullify that mandate based on hardship, equity, or humanitarian considerations.
- Courts may not imply a statutory exception for trafficking or sexual exploitation victims absent legislative authorization; the remedy for such concerns lies with the political branches, not judicial modification of the statutory scheme.

## Conclusion

The Ninth Circuit concluded that because Ah Sou was unlawfully present under the governing exclusion laws, the district court lacked power to set aside deportation based on the severe consequences she would face upon return, and the deportation order had to be enforced as written.


United States v. Ah Sou, 138 F. 775 (9th Cir. 1905)