Ex parte Gin Mun On
| Decision Date | 19 October 1920 |
| Docket Number | 16856 |
| Citation | 286 F. 752 |
| Parties | Ex Parte GIN MUN ON. No. 16856. |
| Court | U.S. District Court — Northern District of California |
George A. McGowan, of San Francisco, Cal., for petitioner.
Frank M. Silva, U.S. Atty., and Ben. F. Geis, Asst. U.S. Atty both of San Francisco, Cal., for respondent.
The petitioner, claiming to be 10 years and 8 months of age arrived at the port of San Francisco in charge of a woman who claimed to be his mother. They applied for admission as the wife and infant son of a native-born citizen of the United States. The woman was admitted, but the boy was denied admission, on the ground that his relationship to the alleged father was not satisfactorily proved. Thereupon his counsel asked and obtained leave to present further evidence. This evidence had to do with the age of applicant, and was offered to rebut the testimony of a physician that in his opinion based upon a physical examination of the applicant, the latter was within one year either way of 14 years of age. The testimony of three physicians so offered by applicant, to the effect that they were unable to find from a physical examination sufficient evidence to contradict his contention that he is about the age claimed, was received and considered by the board of special inquiry that was considering applicant's case. The commissioner, however, refused to submit to the board as additional evidence the opinion of Drs. Glover and McKeon, at one time connected with the department, to the effect that there is a large opportunity for error in determining the age of an individual from a physical examination. He also refused to submit to the board a declaration by the Circuit Court of Appeals for this circuit practically to the same effect. Such declaration was as follows:
'Upon such a question, the opinion of a surgeon is believed to be of no greater value than that of a layman, and in either case it has but little probative value to show a difference of age of only two years. ' Woo Hoo v. White, 243 F. 541, 156 C.C.A. 239.
The refusal to submit these matters to the board was not based upon objection to their form, but solely on the proposition that they were not deemed pertinent and could not be designated as additional evidence. But the opinion of experts on facts like these is pertinent, and is additional evidence. Why they were withheld from the board, particularly why the declaration of our Circuit Court of Appeals was so withheld I am unable to understand. It...
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