54 F.2d 321 (9th Cir. 1931), 6528, Wong Wing Sin v. Nagle

Docket Nº:6528.
Citation:54 F.2d 321
Party Name:WONG WING SIN v. NAGLE, Commissioner of Immigration.
Case Date:December 07, 1931
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
FREE EXCERPT

Page 321

54 F.2d 321 (9th Cir. 1931)

WONG WING SIN

v.

NAGLE, Commissioner of Immigration.

No. 6528.

United States Court of Appeals, Ninth Circuit.

December 7, 1931

Appeal from the District Court of the United States for the Southern Division of the Northern District of California; A. F. St.Sure, Judge.

Stephen M. White, of San Francisco, Cal., for appellant.

Geo. J. Hatfield, U.S. Atty., and H. A. Van Der Zee, Asst. U.S. Atty., both of San Francisco, Cal., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and JAMES, District Judge.

WILBUR, Circuit Judge.

This is an appeal from a denial of a petition of Wong Guey At for writ of habeas corpus for the petitioner's alleged son Wong Wing Sin, who was denied admission to the United States by the immigration authorities and ordered returned to China. The petitioner is an American citizen, and for that reason claims that his alleged son Wong Wing Sin, born in China, is entitled to admission as an American citizen. He was denied admission because the testimony of petitioner and his alleged sons showed discrepancies which in the judgment of the immigration authorities justified the rejection of their testimony.

We are here dealing with the familiar question as to whether or not such rejection was so arbitrary as to have deprived the applicant for admission of a fair trial. When the alleged father, Wong Guey At, returned from China on January 7, 1900, he stated that he was not married, although he now claims that he was married on March 6, 1898, to the mother of the applicant and of Wong Wing Gong, a prior landed brother of Wong

Page 322

Wing Sin, who was born January 9, 1899. Wong Wing Gong was admitted to the United States as an American citizen in July, 1913. He has made several trips to and from China. Wong Wing You, the alleged second son of the petitioner, was admitted as an American citizen in July, 1913. When Wong Wing Gong applied for admission to the United States in March, 1919, upon returning from a visit to China, his application was denied by the Bureau of Immigration at Washington, and he departed for China. Upon his return, August 4, 1921, he was again denied admission by a Board of Special Inquiry, but, upon appeal taken to the Secretary of Labor, he was admitted. Thus, two older sons of the petitioner have been admitted to the United States as citizens thereof. The present applicant...

To continue reading

FREE SIGN UP