Nagle

(after stating the facts as above). We find it unnecessary to pass judgment on the issue upon which the decision of the immigration officials was based. Irrespective of tho question of the identity of the appellant with Tang Yam Lung, the record utterly fails to establish the appellant’s claim to have been born in the United States. The testimony on that branch of the case consists of that which was taken in the court below and the two several depositions of tho appellant, which were taken about two years prior thereto on proceedings before the Immigration Department. In the court below the appellant testified that he was born at 761 Clay street, in San Francisco; that he resided there with his parents until he reached the age of 5 years, when they took him to China; that his parents never relumed to the United States, and that at the age of 11 he was brought back to the United States by an uncle, and thereafter never returned to China. Ong Hoy, whom he produced as a corroborating witness, testified that ho also was born at 761 Clay street at about the time of the appellant’s birth; that he knew the appellant and his father and mother, and that he and his own father and mother…