Nagle

Lim Wun v. Nagle

Good Law
52 F.2d 396·1931 U.S. App. LEXIS 3719
United States Court of Appeals for the Ninth CircuitSeptember 14, 1931No. 6404California910 words

Opinion

Lead Opinion

Wilbur, J.

The appellant claims the right to admission into this country as the Chinese-born son of Lim Chek, who is conceded to be an American citizen. He was denied admission by a board of special inquiry at San Francisco on the ground that he had not established satisfactorily that he is the son of the alleged father. It is claimed by applicant that the evidence adduced before the immigration authorities established to a reasonable certainty that he was the son of his alleged father and that in denying the existence of the claimed relationship these authorities acted arbitrarily and unfairly. His petition for a writ of habeas corpus was denied by the United States District Court, and he appeals from that order.

Appellant arrived in the Port of San Francisco on July 9, 1930, at which time he was nine years and six months old. The alleged father has made several trips to China and claims to have been married in China in September, 1891, to Lew Shee; he claims to have become the father of three sons and one daughter; one son Lim Chee, who was bom December 1, 1892, first came to the United States on February 4, 1920, returned to China in November, 1928, and again came to the United States…

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