Weedin

Hom Dong Wah v. Weedin

Good Law
24 F.2d 774·1928 U.S. App. LEXIS 2159
United States Court of Appeals for the Ninth CircuitMarch 19, 1928No. 5315California546 words

Opinion

Lead Opinion

Rudkin, J.

This is an appeal from an order denying a petition for a writ of habeas corpus. The appellant based his right to admission on the claim that he is the son of an American citizen. The citizenship of the alleged father is admitted, so the only question for consideration is that of relationship. The relationship' was testified to by the appellant and the alleged father, and their testimony was corroborated in a measure by the testimony of another witness, who met the alleged father and the appellant in China on two different occasions some two years ago, but had no personal knowledge of the relationship. On the other hand, there are certain discrepancies in the testimony which have not been explained or accounted for, and which cannot be explained or accounted for on any theory other than that of false swearing. The alleged father lived in China for a period of about'five years on his last visit and returned to this country accompanied by the appellant. The appellant testified that he attended school at another village up to within two or three days of his departure from China, whereas the alleged father testified that the appellant had not attended sehool for more than a month…

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