Carr

Foo Fu, claiming to be the father of Foo Guey and Foo Wung, who are denied admission into the United States by the immigration authorities, filed an application for writ of habeas corpus in the United States District Court for the Southern District of California. The writ was issued, and, after hearing on the return, Foo Guey and Foo Wung were remanded to the immigration authorities to be returned to China. Petitioner Foo Fu is a Chinese merchant, domiciled in California, and entitled as such to bring his minor children into the United States. The action of the immigration authorities and of the District Court in remanding the alleged sons is predicated upon the proposition that petitioner and his alleged sons failed to establish the claimed relationship. This conclusion of the immigration authorities is based upon certain discrepancies between the testimony of petitioner upon his own entry into the United States, and subsequently upon the entry of his eldest son, Foo Wai. It is sufficient upon this appeal to state that, in view of the discrepancies in the testimony of the petitioner and his alleged sons with relation to their age and date of birth, we cannot say that the alleged…