Foo

This is an appeal from a denial of a writ of habeas corpus filed on behalf of Louie Foo by his alleged father Louie Shew. That Louie Shew is a citizen of the United States by reason of his birth in San Francisco is ad *776 mitted. When he was about three years old he went to China with his father and remained there until 1899, when he returned to California, and was admitted as a citizen of the United States. It is now claimed, and the testimony on behalf of applicant tends to show that previous to the return of Louie Shew, applicant’s alleged father, to this country in 1899, he had married in China and that three sons, one of them the applicant, were born of this marriage. The rejection of the applicant is mainly based upon the fact that at the time of his admission to the United States in 1899 he represented that he was unmarried and had no children, although he now testifies that he was in fact married and had two children at that time, a third son being born shortly after, his return to the United States. He now claims that his wife and children were at that time living with his mother, the applicant’s grandmother, in China; that on the occasion of his application for…