Ngai Kwan Ying v. Nagle, 6941.

• Decision Date: 05 December 1932
• Docket Number: No. 6941.,6941.
• Citation: 62 F.2d 166
• Parties: NGAI KWAN YING v. NAGLE, Commissioner of Immigration.
• Court: U.S. Court of Appeals — Ninth Circuit

62 F.2d 166 (1932)

NGAI KWAN YING v. NAGLE, Commissioner of Immigration.

No. 6941.

Circuit Court of Appeals, Ninth Circuit.

December 5, 1932.

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

Geo. J. Hatfield, U. S. Atty., and I. M. Peckham, Asst. U. S. Atty., both of San Francisco, Cal. (Arthur J. Phelan, U. S. Immigration Service, of Washington, D. C., on the brief), for appellee.

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

CAVANAH, District Judge.

The appellant, a seventeen year old Chinese girl born in China, upon her arrival at the port of San Francisco applied to the immigration authorities for admission to the United States under the status of the wife of Kwan Tow, a Chinese merchant residing in the United States, to whom she claimed to have been married in China. Her application for admission to the United States was denied by a board of special inquiry, for failure to establish that she is the wife of Kwan Tow. An appeal was taken to the Secretary of Labor, who affirmed the decision of the board. Having been held in custody for deportation, a petition for writ of habeas corpus was presented in the court below, and this appeal is taken from the order denying said petition.

The single question is whether the rejection of appellant's testimony by the board of special inquiry and by the Secretary of Labor, in support of her claim, has been so arbitrary, unfair, and unreasonable as to constitute a denial of a fair hearing.

The principle applicable to the facts here and often recognized by this court is that, where discrepancies appear and false testimony is given by witnesses for applicant in an effort to secure the admission of applicant, the conclusions and decision of the board of special inquiry were matters for the consideration of the immigration authorities, and their conclusions should not be disturbed by the court, unless it manifestly appears that they have acted arbitrarily and unfairly. The weight of the evidence and the credibility of the witnesses heard by administrative tribunals are for them, Louie Lung Gooey v. Nagle (C. C. A. 9) 49 F.(2d) 1016; United States ex rel. Soy Sing v. Chinese Inspector, etc. (C. C. A. 2) 47 F.(2d) 181; Quan Wing Seung v. Nagle (C. C. A. 9) 41 F.(2d) 58; United States ex rel. Fong Lung Sing v. Day (C. C. A. 2) 37 F.(2d) 36; and our review of the evidence is limited to the substantial fairness of the proceeding. Whether it was manifestly unfair, such as to prevent a fair investigation, or manifest abuse of discretion, is committed to the court, Low Wah Suey v. Backus, 225 U. S. 460, 32 S. Ct. 734, 56 L. Ed. 1165, and must have adequate support in the evidence, Kwock Jan Fat v. White, 253 U. S. 454, 40 S. Ct. 566, 570, 64 L. Ed. 1010; Zakonaite...