Carr

Wong Bing Pon, appellant herein, was bom in China and is of Chinese race. He-arrived at San Pedro, Cal., on June 16, 1929,. and applied for admission at that port as a citizen of the United States, claiming to be the son of Wong Lip Que, whose citizenship-is conceded. This application having been denied and deportation ordered, he petitioned-the District Court for a writ of habeás corpus, and now appeals from an order diseharg *605 ing the writ and remanding him to the custody of appellee for deportation.

The main question on this appeal arises out of the conclusion reached by the board of special inquiry, affirmed by the board of review, that appellant is younger than he claims to be. According to the testimony of appellant, his father, and a prior landed brother, Wong Bing Pon is between 15 and 16 years of age. The Board of special inquiry noted that he is 4 feet, 6 inches, in height, and that his general appearance, attitude, and demeanor are that of a child between the ages of 8 and 10 years. Two public health surgeons signed a certificate stating it to he their opinion that he is 9 years of age, the certificate containing, however, no statement as to the specific physical…