Nagle

Wong Som Yin v. Nagle

Good Law
37 F.2d 893·1930 U.S. App. LEXIS 2666
United States Court of Appeals for the Ninth CircuitFebruary 10, 1930No. 6003California365 words

Opinion

Lead Opinion

Dietrich, J.

Upon ■the claim that he is the foreign-b.orn son of an American citizen, the appellant, a male Chinese aged 23 years, sought admission to the United States. His application having, after hearing, been denied, he brought this proceeding to obtain a writ of habeas corpus. By the lower court his petition was denied, and he appeals. His only contention is that the evidence submitted to the immigration officers was sufficient to require a finding of the alleged relationship, and that their refusal so to find was arbitrary.

On his return from a visit to China, on November 8, 1906, the alleged father testified that he then had “only one son, Wong Gee Bing, 7 years old.” Upon a subsequent return, on April 29, 1912, he again gave testimony in respect of his family, wherein he stated that he then had three boys, Wong Gee Bing, 14 years old, and Wong Som Yin and Wong Som Koon, twins, 7 years old, bom on July 12, 1906, which date, it will be noted, was approximately four months prior to his former landing, at which time he testified he had but one son. Appellant’s testimony is that he was born on November 8, 1906, which is the very day upon which his alleged father landed in this country…

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