Nagle

This is an appeal from an order denying appellant’s petition for a writ of habeas corpus. Appellant, a Chinese male bom in China in 1901, claims to be the son of Lee Share Dew, a citizen of the United States. He was denied admission by the immigration authorities because of failure to prove his relationship to the alleged father.

The alleged father left the United States in 1900, returning in 1902, so that he was in China at a time whieh makes the claimed relationship possible. In August, 1924, on his return from a trip to China, he testified that he had been married once in China and that he had a son living there who was the father of three children, two sons and a daughter. At the hearing before the board of special inquiry, upon appellant’s application for admission, the alleged father testified that appellant had hut two ehildi'en, a son horn in 1923 and a daughter bom in 1926, and that he never had any other child. This contradicts the testimony he gave in 3924, that appellant is the father of two sons and a daughter. It will also he noted that the alleged father now testifies that the daughter was bom in 1926, whereas in 1924 he testified that she was then living.

The…