Weedin

Wong Sun Ying v. Weedin

Good Law
50 F.2d 377·1931 U.S. App. LEXIS 4474
United States Court of Appeals for the Ninth CircuitJune 8, 1931No. 6415California1,253 words

Opinion

Lead Opinion

Kerrigan, J.

The appellant, Wong Sun Ying, was bom in China, but claims the right to admission to the United States as a foreign-bom son of Wong Wah, a native-born citizen. The citizenship of the alleged father is conceded by the Immigration Service, but the Board of Special Inquiry and the Board of Review in the Department of Labor have refused appellant admission on the ground that the proof fails to establish that he is the son of Wong Wah. A petition for writ of habeas corpus has been denied, from which order this appeal is taken.

Considering the record as a whole, this court is of the opinion that the tribunals of the Department of -Labor have reached their conclusions after giving the applicant a fair hearing. Under the rule that the courts have the power to set aside the findings of such tribunals only when the record shows that the appellant has not been granted a fair hearing, the order for the deportation of appellant should not be disturbed.

In this case the alleged father was in China at a time to make possible the paternity of the 11 year old boy seeking admission to this country. Although the records of the Immigration Service upon the previous arrivals and departures of Wong…

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