Nagle

This is an appeal from a denial of a writ of habeas corpus in an immigration case. Petitioner sought entry into the United States as the foreign-born son of Jue Sam Teu, whose status as a citizen of the United States is conceded.

The question before the immigration authorities was to determine if the claimed relationship existed. Jue Sam Teu, the alleged father, was born in California, went to China at an early age, and returned to the United States in 1904. He made one subsequent trip-to China 1910-11, and on his return stated’ that he had one son, Jue Fay Ton. The-latter was admitted as the son of a .citizen in 1921, and at that time the father stated' that he had two other sons, Jue Yim Ton, the applicant, and his twin brother, Jue Wee-Ton, who had been born after the alleged-father’s departure from China. ‘

The question presented to this eourir is solely “whether the evidence submitted on-the application for admission so conclusively established the alleged relationship that the-order of exclusion should be held arbitrary or capricious.” Jew Theu v. Nagle (C. C. A.) 35 F.(2d) 858, 859 . The question is not. whether this court, acting on the evidence-submitted, might have…