Haff

This is an appeal from an order denying a petition for a writ of habeas corpus. The petition for the writ was filed in the District Court on April 8,1932, by Hoo Loy, an American citizen, on behalf of his alleged son, Hoo Gan Tze, the appellant here, who seeks admission to the United States as the foreign-born son of Hoo Loy. The petition alleged: “That the said detained [appellant] arrived at the Port of San Francisco on or about the 8th day of September, 1931, on the steamship President Lincoln, and thereupon made application to enter the United States as a citizen thereof by virtue of being the foreign born son of your petitioner, Hoo Loy, a native bom citizen of the United States, and that the application of said detained to enter the United States as a citizen thereof was denied by said Commissioner of Immigration and a Board of Special Inquiry, and that an appeal was thereupon taken from the excluding decision of said Commissioner of Immigration and said Board of Special Inquiry' to the Secretary of the Department of Labor, and that said Secretary thereafter dismissed the appeal.”

The petition further alleged that appellant and his alleged father and mother and alleged…