Lim

Lim v. Nagle

Good Law
38 F.2d 474·1930 U.S. App. LEXIS 2330
United States Court of Appeals for the Ninth CircuitFebruary 24, 1930No. 5965California552 words

Opinion

Lead Opinion

Wilbur, J.

Chin Chuck, the petitioner, a citizen of the United States, petitioned for a writ of habeas corpus to secure the discharge of his alleged son, Chin Lim, in custody of the immigration authorities who are holding him under deportation order entered on appeal by the Secretary of Labor. It appears from the petition that the alleged father, the petitioner, the applicant, the alleged son, and one Lee Kan, who claimed to be a brother-in-law of Chin Chuck, all testified that the applicant was the son of the petitioner Chin Chuck by his wife Jee Shee, to whom he was married in 1894. It also appears that in 1904, when the petitioner was seeking admission to the United States, he and Lee Kan testified under oath that he was not then married. They now testify with equal positiveness to the fact that he was then married. The petitioner claims that the reason he testified falsely in 1904 was because he believed it was necessary to do so because of the rulings of the Department of Labor, to the effect that a married man could not be admitted to the United States, and some complaint is made that the petitioner was not permitted to prove that the Commissioner had so ruled, the idea apparently…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.