Nagle

(concurring). Upon the issue of applicant’s relationship to Chew Young, the record is not thought to be legally conclusive in his favor, and it discloses no unfairness in the administrative hearing. On the question of Chew Young’s nativity I express no opinion.

The appellant Chew Toy, 19 years of age, bom in-China, sought admission into the United States as the son of Chew Young, on the ground that the latter was an American citizen. His application was denied for his failure to prove the alleged relationship. His appeal to the Secretary of Labor was dismissed, both on the ground of the failure to prove the alleged relationship, and on the further ground that the citizenship of the alleged father had not been established. The petition for a writ of habeas corpus alleged unfairness in the hearing before the Board of Special Inquiry, in that its decision was based upon unimportant discrepancies in the testimony and in disregard of the established facts, and unfairness upon the determination of the appeal, in that effect was given to an alleged alteration in the record of the testimony given by Chew Young on his application for admission on January 31, 1900 ; the sole evidence of the alteration being the certificate of a clerk, who, it is alleged, was not produced for cross-examination before the Board of Special Inquiry; also in that effect was given to an affidavit made in 1917 by one Fong Gat, which tended to show that the photograph…