Weedin

This is an appeal from an order of the court below granting a writ of habeas corpus and ordering that appellee, Yip Kim Wing, be discharged from the custody of the immigration officers, by whom he is held for deportation. Appellant claims that the applicant had a fair hearing before the immigration authorities and that the order of deportation is therefore conclusive on the courts, and that therefore habeas corpus should be denied.

The appellee, Yip Kim Wing, a China-man, at the age of 16 years, applied for admission into the United^States as the son of Yep Wah Yuen, a citizen of this country. He was denied admission and ordered to be returned to China because such relationship was not satisfactorily proved.

The alleged father, Yep Wah Yuen, was admitted to the United States June 17, 1908, as the foreign-bom son of Yup Lung Sat, a native-born American citizen. He has made three trips tó China. On his return from the first trip, May 5, 1913, he claimed to have married Jin Shee and to have a son named Yep Kim Wing, bom as a result of such marriage, on September 24, 1912. On his second return from China, May 23, 1922, he stated that he had a son, Yep Kim Wing, 11 years old, and one…