Yen
Yen v. Nagle
Opinion
Lead Opinion
Wilbur, J.
This is an appeal from an order denying a writ of habeas corpus. Louie Share Yen, the petitioner and appellant, applied at San Francisco for admission into .the United States on the ground that he was the son of Loui Gock, a native-born citizen of the United States. He was denied admission and ordered returned to China. The sole ground for the denial of his application for admission was i;hat his alleged father, upon returning to the United States April 22, 1903, after a visit to China, stated that he was not married, while at the time of the entry of his son Louie Share Jim in 1925 he testified that he was married before 1903 to the mother of the applicant. Applicant’s alleged brother, Louie .Share Jim, was admitted by the immigration officers in 1925 as the son of Loui Gock. This admission involved the conclusion and was based upon evidence that Loui Gock had married the mother of petitioner and of his alleged brother Louie Share Sin; that he was so married, he stated July 22, 1911, to the im *312 migration authorities. He then gave the name of his wife, the date of his marriage, and the date of birth of the petitioner and his prior landed brother, who is seven years older than…