Nagle

Chin Share Nging v. Nagle

Good Law
27 F.2d 848·1928 U.S. App. LEXIS 3504
United States Court of Appeals for the Ninth CircuitAugust 20, 1928No. 5447California901 words

Opinion

Lead Opinion

Dietrich, J.

This is an appeal from an order of the District Court denying a writ of habeas corpus and dismissing the petition therefor. The petitioner, a boy of Chinese descent, claims to have been bom in China on September 12, 1911, and seeks admission to this country upon the ground that he is the foreign-born son of a native-born citizen of the United States. Upon a hearing, the immigration officers found that the alleged father, Chin Soon, is such resident citizen, but held the evidence insufficient to establish the requisite relationship. No- unfairness or irregularity in the proceedings is charged, other than such as is implied in this holding.

Testimony was given by the applicant himself, Chin Soon, and the latter’s brother, Chin Fook Hong. It may be conceded, we think, that as a whole the testimony is so consistent, and the witnesses were in such accord, touching innumerable particulars, as to make it highly probable that they would have been given credit in a judicial tribunal. But considering the restricted range within which we are authorized to interfere with *849 administrative findings, we do not feel warranted in setting aside the order of exclusion. The law in such case is…

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