Nagle

This is an appeal from an order of the court below granting a petition for a writ of habeas corpus, and ordering that appellee Wong Dock be discharged from the custody of the Commissioner of Immigration.

The appellee claims the right to be admitted to the United States as tho son of Woitg Fong Duck, called also Wong Ah Sing and Wong Fon Duck, and who will be hereinafter referred to as the father, who was born in San Francisco in 1879. Wong Fong Duck was taken to China by his mother in 1880 and returned to San Francisco April 8,1897, seeking admission by reason of his United States citizenship. At that time he testified he was not married. He was admitted May 3, 1897. On May 19, 1904, he left San Francisco for China, returning December 17, 1905. In May, 1909, Wong Woon, claiming to be a son of Wong Fong Duck, arrived from China and in connection with his application for admission Wong Fong Duels: testified that Wong Woon was his son as a result of his marriage March 23, 1895, to Horn Shee; that three children were born as a result of this marriage, namely, Wong Woon, fourteen years of age, the applicant; Wong Ark, or Wong Dock, thirteen years of age, the present applicant, and…