Nagle

This is an appeal from an order refusing to issue a writ of habeas corpus. The record was presented to the District Court in accordance with its new rule by which the petitioner and respondent furnish with the petition and on the order to show cause, respectively, such portions of the record before the immigration authorities as the respective parties deem relevant to the question at issue.

The order of exclusion was based upon some discrepancies between the applicant and his witnesses. It is claimed that petitioner and appellant is the son of Lee On, a citizen of the United States by reason of his birth here. The petitioner was born in China in 1915. The record contains overwhelming evidence taken at various times and adduced by various witnesses to the effect that Lee On had a son born in China in 1915 named Lee How Ping, and Lee On testifies that the applicant is that son. An alleged brother testifies to the same effect, as does the applicant. Judged by ordinary standards the evidence of such relationship is overwhelming. However, the determination of the immigration officials is based upon certain discrepancies in the testimony which in their judgment justifies the conclusion…