Berkshire

Claiming to be grandsons of Yep Nom, a native American citizen, Yep Wing Ock, 13, Yep Wing Shuey, 9, and Yep Suey Ning, 6, all three natives of China, on July 28,1933, arrived at San Pedro, Cal., and applied for admission to the United States as citizens, under the provisions of 8 USCA § 6.

Yep Wing Ock and Yep Wing Shuey alleged that they were, full brothers, and the sons of Yep Gim Nuey, who died in the United States in 1928. Yep Suey Ning claimed to be the son of Yep Gai On.

The American citizenship of Yep Gim Nuey and of Yep Gai On, the alleged fathers in this ease, is conceded. The two men were brothers, the sons of Yep Nom, a native American citizen who is now residing in China.

Section 6, supra, provides that, under certain conditions, not pertinent here “all children born out of the limits and jurisdiction of the United States, whose fathers may be at the time of their birth citizens of the United States, are declared to be citizens of the United States.”

All three boys were excluded from admission by a board of special inquiry of the immigration service, held at San Pedro, on the ground that they are not the sons of the alleged fathers. On appeal, the Secretary of…