Nagle

This is an appeal from the order of the District Court for the Northern District of California, Southern Division, discharging the writ of habeas corpus and remanding Wong Ho Shee, alleged wife of Wong Hai Sing, to the custody of the appellee for deportation.

Wong Ho Shee, a Chinese woman, made application on October 2, 1929, to enter the United States as the wife of Wong Hai Sing, a resident Chinese merchant. A board of Special Inquiry was convened by the Commissioner of Immigration for the Port of San Francisco to hear and determine the application, and as a result of the hearing the Board found that the evidence submitted failed to establish satisfactorily that the applicant was the lawful wife of Wong Hai Sing and that the claimed relationship did not exist.

An appeal was taken to the Secretary of Labor with the result that the decision of the Board of Special Inquiry was affirmed. Thereupon Wong Ho Shee was ordered excluded and deported to China, and, in order that her deportation would be effected, the appellee is holding her in custody. Upon the hearing of the, order to show cause, it developed that certain documentary evidence evidencing the jnarriage had not been…