Weedin

The appellee, a Chinese youth about 19 years of age, was born in China and has never been in this country. On January 19,1927, he sought admission at the port of Seattle upon the ground that he was the minor son of a resident Chinese merchant. In due course hearings were had, which resulted in a denial of his application by the Immigration Department for the reason, as held, that the alleged relationship was not satisfactorily shown. Thereupon his petition for a writ of habeas corpus was granted, and the Commissioner of Immigration appeals.

The evidence upon which exclusion was ordered, consists of the testimony of the applicant himself, of his alleged father, Ng Chee Yick, and of a Chinese schoolmate of the applicant, now in this country as the son of a resident merchant. It is shown that Ng Chee Yick was admitted to the United States in 1923, from Canada, as a merchant. Upon the original hearing he testified that he came to Canada from China in 1916 as a steerage passenger, landing at Vancouver on the payment of the $500 head tax then required under the Canadian law. Upon investigation, following the hearing, no Canadian record of his entry could be found, and upon being…