Nagle

This appeal arises from an order of the United States District Court for the Northern District of California, Southern Division, de-, nying appellant’s petition for a writ of ha-beas corpus.

Fong Kong, the appellant, claims admission to the United States as the son of Fong Jug, who is admittedly a native-born citizen of the United States. Fong Jug has two sons, Fong Suey and Fong Ming, who were admitted to the United States on October 3, 1912, and August 7,1913, respectively.

The Board of Review, in upholding the exclusion order of the Board of Special Inquiry, relied solely upon one discrepancy: “The record shows that the alleged father was in China at a time to make possible his paternity to a child of the applicant’s asserted age, but the outstanding feature of this case is that whereas the applicant claims and is claimed by his alleged father to have been bom in September, 1911, the alleged father returning to the United States in December, 1911, described his family as consisting of his wife and two sons only, naming and describing the two older alleged brothers of the applicant and failing to mention such a son as he.”

Therefore, the-only question for us on appeal is…