Nagle

The appellant, a seventeen year old Chinese girl born in China, upon her arrival at the port of San Francisco applied to the immigration authorities for admission to the United States under the status of the wife of Kwan Tow, a Chinese merchant residing in the United States, to whom she claimed to have been married in China. Her application for admission to the United States was denied by a board of special inquiry, for failure to establish that she is the wife of Kwan Tow. An appeal was taken to the Secretary of Labor, who affirmed the decision of the board. Having been held in custody for deportation, a petition for writ of habeas corpus was presented in the court below, and this appeal is taken from the order denying said petition.

The single question is whether the rejection of appellant’s testimony by the board of special inquiry and by the Secretary of Labor, in support of her claim, has been so arbitrary, unfair, and unreasonable as to constitute a denial of a fair hearing.

The principle applicable to the facts here and often recognized by this court is that, where discrepancies appear and false testimony is given by witnesses for applicant in an effort to secure the…