Ex parte Dong Ming

Dong Ming, 16 years of age and born in China, seeks admission to this country as a son of a citizen, Dong Ying, under the provisions of section 1993, Revised Statutes (Comp. St. § 3947). The burden of applicant’s petition is that the hearing accorded him by the immigration authorities was unfair and prejudicial to his rights. After a trial upon the merits, the hearing of testimony, and consideration of the law and the evidence, including the record in the ease, this court has reached the conclusion that petitioner’s claim must he sustained.

“In the present ease testimony has been presented in support of Dong Ying’s alleged birth in San Francisco,” states the Board of Review in dismissing the appeal. “The evidence in Dong Ying’s file is also available for consideration.” Thus lightly does the hoard brush aside a certificate of birth showing that Dong Ying was born in San Francisco on February 12, 1880, at 721 Sacramento street. In a proceeding before immigration authorities, registers of certificates kept or issued by a clergyman or other proper officer are competent evidence of the fact of birth. United States v. Tod (C. C. A.) 296 F. 345 . There should have been a specific…