Toy

The appellant, coming from China, applied for admission to the United States, claiming to be the son of one Cheung Foo, a native-born American citizen. A special board of inquiry denied- his application. His appeal from that decision was dismissed hy the Secretary -of Labor. His petition to the court below fot a writ of habeas corpus was denied. He contends that the hearing before the board was-unfair, especially in that the board placed reliance' upon certain testimony given by Kong Hung, an alleged brother of Cheung Foo, at Yaneouver, B. C., in 1914, and in San Francisco in 1922, whieh testimony was held incompetent on the hearing of the application of Cheung Tong, who also claimed to be a son of Cheung Foo. Ex parte Cheung Tung (D. C.) 292 F. 997 .

In that case the court found that Kong Hung’s former testimony on the hearing before the board was given “not merely incidental but controlling weight,” and held that the hearing was unfair. That conclusion was influenced by the fact that there was no sufficient proof that Kong Hung was the brother of Cheung Foo. In the present case, however, Cheung Foo identified the photograph of Kong Hung as that of his brother, and, although…