Nagle

This is an appeal from a judgment dismissing a proceeding in habeas corpus, brought by and on behalf of Fung Yun Ham, a Chinese boy 17 years old, to test the validity of the action of the Bureau of Immigration in denying him admission into the United States. The issue was disposed of by an order sustaining a demurrer challenging the sufficiency Of the petition, which, pursuant to stipulation, as is the common practice, was deemed to embrace the immigration record. The petitioner, who is foreign-bom, predicates his claim of right to enter upon the contention that his father, Fung Chong, is a native-born citizen of the United States. Section 1993, R. S. U. S. (8 USCA § 6). Upon a hearing the immigration officials were convinced of the relationship, but excluded the petitioner because of an adverse finding respecting the father’s nativity. Within the narrow range of review open to the courts in such cases, we are to consider whether the petitioner was accorded a fair hearing and whether the evidence warranted exclusion upon the grounds stated.

Fung Chong, the father, has at all times consistently claimed that he was bom on June 24, 1879, at 613% Jackson street, San Francisco, and…