Leung Gim v. Herbert R. Brownell, Jr.

This controversy has been • twice decided by the District Court.

In the first case, No. 31,583, the appellant, the alleged father of four named children, asked the Court to declare that he is their natural and legal father, and that they be accorded all the rights of children of an American citizen. He appealed to the jurisdiction of the Court under Public Law 271, of the 79th Congress, 59 Stat. 659 , 8 U.S.C.A. § 232 , and to the general equity powers of the Court. Oliver J. Carter, District Judge, tried the first case.

Evidence at the first trial showed that the four named children applied for admission under Public Law 271, supra, at the Port of San Francisco on October 14, 1947. After a hearing before a Board of Special Inquiry they were ordered excluded because of their inability to establish their claimed relationship. The Memorandum and Order of the District Judge, dated June 14, 1954, recited that the exclusion order was affirmed by the Board of Immigration Appeals.

The children were duly excluded and deported from the United States, on the ground that they were not the appellant’s natural and legal children.

In the first case, the Attorney General of the United…