Nagle

Young Fat v. Nagle

Good Law
3 F.2d 439·1925 U.S. App. LEXIS 3762
United States Court of Appeals for the Ninth CircuitJanuary 26, 1925No. 4263California451 words

Opinion

Lead Opinion

Hunt, J.

Young Fat, a Chinese hoy, appeals from an order denying his petition for writ of habeas corpus. He sought admission into the United States as a citizen under section 1993, Revised Statutes (Comp. St. § 3947); his father, Young Tip, being a natiye-born citizen. The boy arrived from China in San Francisco on May 30,- 1923, and, after hearing, the Board of Special Inquiry decided the relationship alleged was not satisfactorily established, and that the boy should be excluded. Upon appeal to the Secretary of Labor, a similar conclusion was reached, and the appeal dismissed.

The main contention is that there is not only no evidence to support the decision of the executive authorities, but that there is convincing evidence that the applicant is the son of Young Tip. The boy is said to have been bom January 3, 1915, and to have reached his eighth birthday January 3, 1923. The alleged father left for China November 11, 19.13, and returned in June, 1915.

The medical examiner at Angel Island stated that, after a careful examination of physical characteristics, his opinion was that the boy was within one year, either way, of 32 years. The government inspectors themselves differed somewhat…

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