Nagle

The two appellees, who claim to be cousins, are of Chinese parentage and nativity. On August 25, 1927, they applied at the port of San Francisco to enter the United States upon the ground that their fathers were both citizens of the United States and were domiciled therein. Hearings were held about a month later, resulting in the denial of both applications. Whereupon a petition for a writ of habeas corpus was presented in their behalf to the District Court. In due course the District Court granted the writ, and from the order discharging them from detention the Commissioner prosecutes this appeal.

The appellee Wong Gung Jue is a boy 13 years of age. His alleged father, Wong Wing, was born in San Francisco in 1879, and with the exception of three short visits to China has always lived in the United States; his present residence being Los Angeles. The appellee Wong Ngook Hong is 21 years old, and claims to be the son of Wong Theung, who, as he testifies, was bom in San Francisco in 1877, and with the exception of two short visits to China has always lived in the United States.

The nativity and citizenship, as claimed, of the two alleged fathers, are now conceded by the…