Go Lun v. Nagle

• Decision Date: 24 October 1927
• Docket Number: No. 5146.,5146.
• Citation: 22 F.2d 246
• Parties: GO LUN v. NAGLE, Commissioner of Immigration.
• Court: U.S. Court of Appeals — Ninth Circuit

22 F.2d 246 (1927)

GO LUN v. NAGLE, Commissioner of Immigration.

No. 5146.

Circuit Court of Appeals, Ninth Circuit.

October 24, 1927.

George A. McGowan, of San Francisco, Cal., for appellant.

Geo. J. Hatfield, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before HUNT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

This is an appeal from an order denying a petition for a writ of habeas corpus. The appellant based his right to admission to the United States on the claim of citizenship through his father. The testimony heard before the immigration authorities was given by the appellant, his father, and a prior landed brother, and, as said by the court in Johnson v. Ng Ling Fong (C. C. A.) 17 F.(2d) 11:

"The testimony of the applicant and of his alleged oldest brother and father, given before the immigration authorities, shows that they were interrogated as to substantially every conceivable thing that occurred or would be likely to have occurred during their lives, of which each could be expected to have had any knowledge."

The appellant was asked to describe his father and mother; when his father left China; how often his father had been married; how many brothers he himself had; their names and ages; where they were born; whether they had ever lived in any other village; whether any brothers or sisters had died; whether there were any adopted children; what letters he had written to his father and a prior landed brother; whether he or any of his brothers were married; who defrayed the expenses of his trip from Hong Kong; what photographs had been taken; what he was doing when his brother left China; the name of the school he and his brother had attended; the name of the teacher; when his brother quit school; up to what time his brother had attended school regularly; to make a diagram of the school building; whether there was any place in the school for the pupils to sleep; whether the teacher had a room there; whether there was a parlor, an open hall, or a court in the school building; what windows or skylights were in the building; to describe the scholars who attended the school; whether he knew certain named parties; where the teacher lived; whether he and his brother had made any trips from the village together; where the markets were; the names of some of the children in the home village with whom he had played; whether there was any incident that his brother should remember; whether the people of his village had any trouble with the people of the neighboring village; where he parted company with his brother when the latter left for the United States; who was present; the time of day; who carried the baggage; how his brother was dressed; of what the baggage consisted; a description of his trunk; the names of his paternal grandparents, and what became of them; whether his father had any brothers or sisters; whether his brother had any family; what dialect his mother spoke; whether the paternal grandfather had brothers or sisters; whether his maternal grandparents were living; whether his mother had any brothers or sisters; of what village his mother was a native; the size of the village; in what direction the village faced; the number of houses owned by his father and where located; how many alleys his alley was from the left; who lived in the first house in the row, and of whom did the family consist; a description of his father's house; a description of a neighboring house; where the water was obtained for the house; the names of the ancestral halls; the names of the alleys in the village; between what alleys the ancestral hall was located; how many alleys were in the Go section of the village, and their names; whether any family, other than the Go family, lived in that section of the village; whether there was a separation or dividing line between the two villages; whether there was a wall on his side of the village; the length of the wall or embankment; whether there were walls on the sides and rear of the village; the number of gates to the village; the signs on the gates; the occupation of his father while living in China; who now lives on the father's farm, and has he a family; how his father cultivated the land; the sleeping arrangements in the house; the markets at which the family traded; whether they crossed bridges or streams going to the market; the number of houses on his alley; the distribution of pork in the village at the festival the last year his brother was at home; where the distribution was made; on what day the distribution took place; whether it was customary to have school on that day; what graves were visited; whether there were any stones over the graves; on what part of the hill his ancestors were buried; who accompanied him to the graves on that occasion; whether his younger brother, then three years of age, walked or was carried; what kind of a day it was; who usually went to market for the family supplies; whether his mother always carried the supplies home herself; whether his mother carried the rice home; whether there were any peddlers in the village, and the names of any such peddlers;...