Nagle

Chin Wing v. Nagle

Good Law
55 F.2d 609·1932 U.S. App. LEXIS 3771
United States Court of Appeals for the Ninth CircuitJanuary 25, 1932No. 6529California1,897 words

Opinion

Lead Opinion

Sawtelle, J.

This is an appeal from an order denying a writ of habeas corpus. Chin Wing, the applicant, was denied admission to tho United States on the ground that he had not satisfactorily established his relationship to his alleged father, Chin Sung, whoso citizenship is conceded. The record discloses that tho applicant was horn in Lan On village, China, on November 5, 1911, and that the alleged father was in China at a time which makes the claimed paternity possible. In view of the fact that on approximately six different hearings or applications for admission during the past twenty years the alleged father and his two prior landed sons have consistently testified to the existence of a son named Chin Wing, it may be conceded that the alleged father has or had a son of that name. It likewise may he conceded that the applicant’s testimony sufficiently establishes that he has resided in the alleged father’s home village in China. However, it is contended that the applicant has failed to establish that he is the true son of the alleged father, hut, on tho contrary, is seeking to gain admission by impersonating the real Chin Wing.

In addition to the applicant and his alleged father, one of the…

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