Mui Sam Hun v. United States

This is an appeal from an order denying petition for writ of habeas corpus. Appellant, a person of the Chinese race, presented himself at the Port of Honolulu on July 27, 1934, for admission into the territory of Hawaii, claiming birth in the city of Honolulu on May S, 1902, and departure therefrom, at the age of four years, with his mother, on February 13, 1906. After hearing by a board of special inquiry, composed of immigration officers, he was denied admission as an Hawaiian born citizen of the United States. Upon appeal, the Secretary of Labor affirmed the decision of the Board and appellant filed a petition for writ of habeas corpus, with the result above noted.

At the hearing before the Board of Special Inquiry, appellant and two others of his race testified. Appellant testified that he was thirty-two years of age; that he was born on May 5, 1902, in Hotel street, Honolulu; that he did not know the Chinese date of his birth; that his father told him the date; that his father, who was a farmer, died in Honolulu when appellant was two years old; that the father was forty years of age at the time of his death; that his mother’s name was Jow Shee; that she took him to China on…