Ling

By the order of the court below the appellant was ordered to bo deported to China on the ground that he was a Chinese laborer within the United States, and that he unlawfully obtained admission into the United States by false and fraudulent claim of citizenship, and was not lawfully entitled to remain. Ho arrived at the port of Honolulu in 1923, and applied for admission on the ground that he was Hawaiian horn.

Error is assigned to the order of deportation on the ground that it was against file evidence, that the record proved the appellant to be an American citizen, and that, the court arbitrarily and unreasonably held that material discrepancies existed in the testimony, and acted arbitrarily and unreasonably, and based its judgment upon evidence not found in the record. On the hearing before a board of special inquiry in. June, 1923, upon the appellant’s arrival, he testified that he was bom at Paiolo, Hawaii, March 1,1891, *66 and that his father was Tung Kun, or Tung Yong, and his mother was Lau Shee; that his mother died about 1894; that in 1897, in August or September, when he was about six years of age, he went to China with his father on the steamer Gaelic; that his…