Nagle

On April 19, 1923, the appellant applied to enter the United States at the port of San Francisco as the foreign-born son of Fong Kim, a native-born citizen of the United States. His application was denied by the Department of Labor, and a petition for a writ of habeas corpus in his behalf was likewise denied. From the latter order this appeal is prosecuted.

The principal controversy in the case was over the age of the appellant. He claimed that he was bom on the 23d of August, 1907, and was therefore under 16 years of age at the date of the hearing before the board of special inquiry. If he was the son of Fong Kim, as claimed, he was necessarily of approximately that ago, because of the date of his father’s visit to China. The surgeon connected with the United States Publie Health Service at Angel Island was of opinion that the appellant was within 2 years either way of 20 years of age; one of the inspectors placed his age at not less than 22; another at from 20 to 22; another at 25; another at from 24 to 27; and still another at 24. On the other hand, three physicians in private practice certified that they found nothing in the appearance of the appellant to impair the…