Nagle
Jung Sir Kwai v. Nagle
Opinion
Lead Opinion
Rudkin, J.
The application of Jung Sir Kwai to enter the United States as the minor son of Jung Young, a resident Chinese merchant, was denied by the immigration authorities and by the Secretary of Labor. An application for a writ of habeas corpus in his behalf was' likewise denied. The application for admission was heard by a single ’ immigrant inspector, and the principal assignment of error is based upon the claim that the appellant was' entitled to have his ease heard before a board of special inquiry, as a matter. of right. Section 16 of the Immigration Act of February 5,1917 ( 39 Stat. 886 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 4289^]), provides as follows:
It was held by this court in Quan Hing Sun v. White, 254 F. 402 , 165 C. C. A. 622 , and Jeong Quey How v. White, 258 F. 618 , 170 C. C. A. 72 , that a Chinese person, claiming to be a citizen of the United States, had a right to have his application for admission heard by the board of special inquiry provided for by section 25 of the Immigration Act of February 20, 1907 ( 34 Stat. 906 ). The provision of that section is in all respects similar to the provision of section 16 of the Immigration Act of 1917, supra. In Lim Chan…