Weedin

This is an appeal taken from the order of the District Court for the Western District of Washington granting^ a petition for a writ of habeas corpus and the order discharging the appellee, Chin Share Jung, entered pursuant thereto. The appellee, hereinafter called “the applicant,” applied for admission into the United States at the port of Seattle, Wash., on December 15, 1931, as a citizen thereof, claiming to be a foreign-born son of Chin Loy, who is conceded to be a native-born citizen of the United States. After hearings before a Board of Special Inquiry at Seattle, the Board denied his application for admission upon the ground that the claimed relationship had not been satisfactorily established. His appeal from this decision to the *570 Secretary of Labor was dismissed, after which he petitioned for a writ of habeas corpus.

At the hearing before the board of spe- ' cial inquiry in Seattle the applicant and his alleged father, Chin Loy, appeared and were examined. The deposition of applicant’s pri- or landed alleged brother was taken in Chicago, 111., where he resided at that time, and is a part of the record in this case. The testimony of the three witnesses agreed in the…