Nagle

Appellant, claiming to be the minor child of Fong Quong Hay, a Chinese merchant resident in Oakland, Cal., arrived at the port of San Francisco from China, on July 23, 1924, and sought admittance to .this country. He was detained by the immigration authorities. Without making question of the relationship the immigrant bore to «the resident alien, or of the age of the applicant, the Secretary of Labor upheld the local examining board in its conclusion that, under the provisions of the Immigration Act of 1924 (Comp. St. §§ 4289% — 4289%nn), minor children of resident aliens, ineligible to citizenship, were mandatorily excluded.

In September, 1925, a petition for a writ of habeas corpus was filed in the District Court on behalf of this applicant and other Chinese persons similarly affected by the ruling of the Secretary of Labor. While this proceeding was pending in the District Court, a case wherein was presented the material point involved in the matter reached this court, and the question was certified to the Supreme Court of the United States for advice. The Supreme Court, considering the provisions of the Immigration Act of 1924, in connection with the Treaty with China, and…