Weedin

Appellant was denied admission to the United States by the Board of Review in the Department of Labor. His application to the District Court for a writ of habeas corpus, based upon the contention that he had not had a fair hearing, was denied, and he appeals from that order. Appellant claims to be the Chinese-born son of Ng Ngin, a native-born citizen of the United States. The citizenship of the father is conceded. The appellant and his father claim that the appellant was born on December 14,1917. The father left this country for China December 22, 1916, his wife being then in China. If the appellant were appreciably older than twelve years at the time he was examined for admission in January, 1930, he cannot be the son of his alleged father, Ng Ngin. The Board of Review based its order of exclusion largely upon the proposition that the applicant was several years older than he claims. That conclusion is based in part upon the physical appearance of the applicant, one of the inspectors stating that he estimated his age, from his voice, general appearance, and manner of testifying, to be between 17 and 20 years of age. The clerk of the board estimated him to be between 16 and 20…