Nagle

Yee Toy Gey v. Nagle

Good Law
45 F.2d 163·1930 U.S. App. LEXIS 3609
United States Court of Appeals for the Ninth CircuitNovember 24, 1930No. 6142California428 words

Opinion

Lead Opinion

Wilbur, J.

Yee Toy Gey was denied admission to the United States by the immigration authorities, and her alleged father petitioned the district court for writ of habeas corpus. The application was denied, and the applicant takes this appeal. The question involved in the ease is the identity of Yee Toy Gey, the alleged daughter of the applicant, with Ms daughter Yee Toy Gey, who returned with the appellant, his wife and other children, to China in 1919. At that time a certificate upon form No. 430 was issued by the immigration authorities. Attached to this certificate is a photograph of the appellant’s child, Yee Toy Gey. The immigration authorities were satisfied from inspection of that photograph and from the personal appearance of appellant’s alleged daughter produced before them that she was not the person for whom the certificate No. 430 had been issued. Evidence was also adduced before them concerning the lack of similarity between the applicant and the photograph attached to the aforementioned certificate issued in 1919 to Yee Toy Gey. Experts compared the photograph taken in 1919 of appellant’s daughter and the photograph taken of the applicant now seeking admission, and from such…

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