Nagle

Siw Oi v. Nagle

Good Law
12 F.2d 769·1926 U.S. App. LEXIS 3365
United States Court of Appeals for the Ninth CircuitMay 24, 1926No. 4802California531 words

Opinion

Lead Opinion

Gilbert, J.

On October 10, 1923, Siw Kwai Wing, a native-born citizen of the United States and a merchant therein, married in China Young Shoop Yin, his third wife. In 1924 he returned to the United States, bringing with him his said wife and Siw Oi, a Chinese orphan girl nine years of age. He was admitted as a citizen of the United States. His wife sought admission as the wife of a citizen, and admission was sought for the minor child as the adopted daughter of a citizen. Upon a hearing before a board of special inquiry, it was shown that while in China a clansman of Siw Kwai Wing brought the said child to him, and that he agreed to adopt her as his daughter. No papers were executed, and no legal form of adoption was followed. All that was done was that, on leaving China, Siw Kwai Wing brought with him on his way to the United States a young girl, the possession of whom had been surrendered to him a fortnight before. It was the decision of the board that the child was not admissible, and that, in view of her tender age, it would be necessary to hold the accompanying foster mother as an “accompanying alien.” Thereafter, having found that the child was helpless from infancy within the meaning…

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