Nagle

Hom Moon Ong v. Nagle

Good Law
32 F.2d 470·1929 U.S. App. LEXIS 3799
United States Court of Appeals for the Ninth CircuitApril 29, 1929No. 5593California929 words

Opinion

Lead Opinion

Gilbert, J.

The appellant, claiming to he a foreign-born eitizen of the United States, was denied admission on his application to enter the United States on a hearing before a board of special inquiry. Upon the dismissal of his appeal to the Secretary of Labor, he filed in the court below his petition for a writ of habeas corpus. That court, without issuing an order to show cause, denied the writ. The petition alleged that the petitioner was denied a full and fair hearing by the members of the board of special inquiry, in that said members were so shifted around and substituted one for another that at no hearing did the same three members function or hear the testimony or see the witnesses, and therefore they “could not and did not” become sufficiently familiar with the facts to enable them to arrive at an intelligent judgment concerning the right of the petitioner to enter the United States. The petition further alleged that all the testimony and proceedings before the hoard “are now in 'the possession and subject to the control of the Secretary of Labor and all of them are now inaccessible to your petitioner, that said Secretary of Labor will not permit an inspection of said records, nor…

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