Nagle

This is an appeal from an order denying a petition for a writ of habeas corpus. The appellant arrived at the port of San Francisco from China, July 28, 1926, and applied for admission to the United States as the son of Youn Bing Ton, a native-born citizen of this country.- The citizenship of Youn Bing Ton was conceded, but the immigration authorities found that the claimed relationship had not been established. The principal reason assigned for denying the application for admission was certain discrepancies found in testimony given by Youn Bing Ton at different hearings before the department. The witness testified in different matters there pending in 1910, 1911, 1921, 1922, 1924, and at the present hearing in 1926. In 1910 he testified that he had five sons and no daughters, giving the names and ages of the several sons, ranging from 14 years down to 5 years. The appellant was the third son, and his age was given as 11 years. The witness was again examined in 1911, and gave substantially the same testimony, making due allowance for the time elapsing between the two hearings.

On the present hearing in 1926, the witness gave the ag-es of his five sons as 31, 29, 22, 21, and 18,…