Nagle

The appellant, a lad 12 years of age, claiming to be the foreign-bom son of Toy Ping Chee, a native-born citizen of the United States, was denied admission to the. United States for failure of proof of his relationship to his alleged father. He appeals from the order in the court below, which dismissed his petition for habeas corpus upon a hearing had upon the petition and the proceedings upon which admission had been denied him. The petition alleged that the hearing upon the appellant’s application for admission was unfair, in that the evidence presented to the commissioner and to the board of special inquiry was of so conclusive a character that it was abuse of discretion to reject the same.

The conclusion of the commissioner and the board was based upon certain discrepancies between the testimony of the applicant and that of others, especially that of his alleged brother, given in the! year 1917, at the time when the latter was permitted to land as a son of said Toy Ping Chee. Toy Wing Guey testified at that time concerning the neighboring families in the native village from which he and the applicant purported to have come, and concerning the names and ages of children who…