Carr

This is an appeal from an order denying a petition for a writ of habeas corpus. The question for decision is, Was the appellant barred from admission to the United States by reason of his age? The controlling fafrts are as follows: The appellant is the son of a Chinese merchant lawfully domiciled in the United States. He was bom in, China on June 14, 1908. On May 21, 1929, he embarked on the steamship “President McKinley” and was manifested to the port of San Pedro, Cal. The vessel arrived at the port of San Francisco on June 12, 1929, and remained there for about three days before proceeding to San Pedro. She did not arrive at San Pedro until June 16, 1929. It will thus be seen that the appellant attained his majority while the vessel was in the port of San Francisco, and was three days above the age of majority when the vessel arrived in San Pedro, the port to which he was manifested.

The right of minor children of domiciled Chinese merchants to enter the United States is not expressly guaranteed by treaty or statute, but rests on judicial construction only. Wong Ock Jee v. Weedin (C. C. A.) 24 F.(2d) 962 . In that case the applicant attained his majority while on the high…