Nagle

Nagle v. Jin Suey

Good Law
41 F.2d 522·1930 U.S. App. LEXIS 2838
United States Court of Appeals for the Ninth CircuitJune 9, 1930No. 6083California777 words

Opinion

Lead Opinion

Dietrich, J.

IAppellee sought admission as the foreign-born son of one Jin Fung For, who, it is conceded, is by birth a citizen of and resides in the United States. Holding the evidence to be insufficient to establish the alleged paternity, the administrative officers denied the application, whereupon the applicant brought tbis proceeding, in habeas corjrns, and from an order below granting his prayer the Commissioner of Immigration. appeals.

But for certain discrepancies in the testimony to which we shall later refer, unquestionably the applicant made a very strong case in the administrative proceedings, and in that respect the record differs to a marked degree from Doug Tong Sing v. Nagle (C. C. A.) 41 F.(2d) 521 , this day decided. Indeed, upon so many matters of detail touching the home village and family life and his. tory are the applicant, his alleged father, and an alleged prior landed brother in accord that escape from the conviction that appellee was reared in the village and sustained the most intimate relations to Jin Jung For's family is well-nigh impossible. No coaching unless carried on through a series of years would, enable the witnesses to testify in such good agreement upon…

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