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This is an appeal from an order denying appellant’s petition for writ of habeas corpus.

Appellant is of the Chinese race and claims to have been born in Nor You How village, China, on April 29, 1913. He arrived at Seattle, Wash., August 14, 1934, and applied for admission into the United States as a citizen thereof by virtue of being a foreign-born. son of Wong Fook, a native-born citizen of the United States. Appellant was accompanied by his alleged father, Wong Fook, and an alleged half-brother, Wong Shong Fay, both of whom were admitted as citizens. Appellant was denied admission by a board of special inquiry at the. Seattle Immigration Station on the ground that his claim of relationship to his alleged father had .not been established. He appealed from this decision to the Secretary of Labor, who dismissed the appeal and directed that he be returned to China. Thereafter he petitioned the District Court for a writ of habeas corpus.

It is conceded that the alleged father, Wong Fook, is a native citizen of the United States and that he was in China at a time to render his paternity of a child born on April 29, 1913, possible. The only - issue involved is whether or not…