Weedin

Weedin v. Chin Guie

Good Law
62 F.2d 351·1932 U.S. App. LEXIS 3171
United States Court of Appeals for the Ninth CircuitDecember 19, 1932No. 6931California681 words

Opinion

Lead Opinion

Cavanah, J.

Chin Guie, who claims to have been born in China, arrived at the port of Seattle on December 15, 1931, and was denied admission into the United States. He never resided in the United States, but claims that bo is a citizen of this country by virtue of being a foreign-born son of Chin Ah Yom, a native-born citizen thereof. Upon his petition for a writ of habeas corpus an order was made by the court below discharging him from the custody of the immigration authorities and from which the Commissioner of Immigration has appealed. The question is relationship, which brings us to the inquiry whether appellee is the blood son of Chin Ah Yom, an American-born citizen.'

The argument is pressed upon us by the Commissioner that a fair hearing before the immigration officers was accorded to appellee, and that the board of special inquiry did not abuse the discretion committed to it by the statute, and rendered a decision which was not arbitrary or unreasonable or in disregard of the fundamental principles of justice. This issue of fact, as usual in this class of cases, is difficult of solution under the evidence. But, when we come to review the testimony, it does not indicate that the board…

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