Ex parte Wong Dock
Opinion
Lead Opinion
Norcross, J.
This is a proceeding in habeas corpus brought by Wong Woon in behalf of his alleged brother, Wong Dock, to obtain the latter’s discharge from the custody and control of the Commissioner of Immigration of the Port of San Francisco.
Wong Dock, a person of the Chinese race born in China, claims the right of admission to the United States as a citizen thereof by virtue of being the son of Wong Sing, a native-born citizen of the United States. The citizenship of Wong Sing is conceded, and the only question is respecting the alleged relationship.
From an adverse decision by the Board of Special Inquiry at San FVanciseo, an appeal was taken to the Secretary of Labor. Upon the appeal the decision was affirmed.
The petitioner, an alleged elder brother of Wong Dock, was admitted as a citizen in 1909, and Wong Cheng, an alleged younger brother, was admitted as a citizen in 1924.
The principal reason and apparently the controlling one for denying the applicant’s admission is certain statements made by Wong Sing, the alleged father. Upon his return from a trip to China in 1897, Wong Sing stated to the immigration authorities that he was not married. In 1914, incident to his departure from…