Nagle
Lim Tung Noy v. Nagle
Opinion
Lead Opinion
Dietrich, J.
Lim Tung Noy, a Chinese woman, brought this proceed *651 ing in habeas corpus to test the validity of an order of the Immigration Department denying her application to enter the United States. The court below dismissed her petition. Iier elaim of right to enter is based upon the contention that she is a foreign-born daughter of one Lim Go, who, it is conceded, is a native-born citizen of the United States and, at all times mentioned, a resident therein. She sought entry on June 2, 1927, at which time she was 22 years old. According to her testimony and that of her witnesses, Lim Go’s family always resided in On Wall Lee Village, Sun Woey District, China, and she was bom and continuously lived there up to the time she started for the United States. And it further appears that the language spoken by her alleged father and brothers and commonly used in that section of the country is what is referred to as the See Yip dialect of the Sun Woey or Sun Ning District, which is substantially different from the Cantonese dialect as spoken by the natives of Canton City.
Notwithstanding these facts, in her several examinations appellant uniformly gave her testimony in the Cantonese dialect,…