Nagle
Li Bing Sun v. Nagle
Opinion
Lead Opinion
Sawtelle, J.
This appeal comes from an order of the District Court for the Northern District of California, Southern Division, denying a petition for a writ of habeas corpus.
Appellant, Li Bing Sun, is a male Chinese, 26 years old. He first arrived in the United States on December 29,1919, and was admitted on February 16, 1920, as the minor son of a Chinese merchant. Since his original admission he has made two trips to China. On the first trip he left the United States on November 27, 1926, and returned on October 20, 1927, being admitted without question; on the second trip he left the United States on November 22, 1929, and returned on November 26, 1930. Prior to each of his trips he obtained from the immigration authorities a laborer’s return certificate, form 432, which was issued upon proof that he had property in the United States to the amount of at least $1,000.
On appellant’s return to the United States on November 26, 1930, a Board of Special Inquiry decided that he was not entitled to admission, relying on the authority of the vides, among other things: Chinese Exclusion Aet of 1888, which pro-
That the departing laborer obtain a return certificate before leaving; and that “the…