Miyazono

Tsugio Miyazono, aged 14, arrived at San Pedro, Cal., on June 23, 1930, from Japan. He was accompanied by his father, Shichitaro Miyazono, and an older brother, Hideo Miyazono, aged 16, and applied for admission as a United States eitizen. The father was admitted on the day of his arrival on presentation of his re-entry permit showing that he was a returning resident alien.

Hideo was admitted on July 16, 1930, as a native-born citizen of the United States. Tsugio was denied admission on the grounds: (a) That he was born in Japan; (b) that he is an immigrant alien not in possession of an unexpired immigration vise as required by the Immigration Act of May 26, 1924, § 13 (a), 8 USCA § 213 (a); and (e) that he was an alien of a race ineligible to citizenship, and not exempted by paragraph (c) of section 13 of the Act of 1924 (8 USCA § 213 (e), from the operation of that act.

Tsugio appealed to the Secretary of Labor, and on August 5, 1930, the exclusion of this alien was affirmed, such exclusion having been likewise affirmed by the Board of Review. The original excluding decision was handed down by a Board of Special Inquiry, sitting at San Diego.

Upon petition of a next friend,…