Cahill

This cause presents an appeal from an order of the District Court denying a petition for a writ of habeas corpus.

The immigration records disclose as undisputed material facts the following: The appellant was born in China on March 4, 1914, and arrived in the United States on August 4, 1934; her parents had intermarried in the United States prior to March 2, 1907, the exact date not being known, and departed for China in 1906; the father was an alien Chinese; he died in 1916; the mother was born in the United States in 1884; she died in 1927; the appellant has a brother, Mock Sing Yow, and a sister, Mock King Far, both of whom were born in China; the brother and sister, in company with their mother, came to the United States in 1920 and were admitted as citizens of the United States; in 1932, Mock Sing Yow, prior to departure for China, was issued a citizen’s return certificate and was' admitted by the immigration authorities at San Francisco on his return from China in 1933 under a citizenship status.

The single issue for our determination is appellant’s contention that she is a citizen of the United States because her mother was a citizen.

Appellant claiming American…

Appellant sought admission to the pjmted States as a citizen thereof. Her caSe was heard by a Board of Special inqUiry appointed under section 17 of the Immigration Act of February 5, 1917, c. 29, 39 Stat. 887 , 8 U.S.C.A. § 153 . The board determined that appellant was not a citizen and should not be admitted. That determinatio'n was upheld by the Secretary of Labor. Appellant then applied for a writ 0f habeas corpus and, from an order denying the writ, has appealed to this court.

The facts are not in dispute- Appel_ jani; was born in China on March 4, 1914, and has never resided in the United States. She is not, nor is she the child of, a naturalized citizen. Her father was an alien Chinese. Her mother was born in the United States in 1884 and was, by birth, an American citizen, Appellant’s father and mother were married in the United States in or prior to 1906 and, in that year, removed to China, where they subsequently resided. On these facts, it was held by the board and by the secretary that appellant’s alleged citizenship was not established,

The secretary’s decision denying appeliant admission to the United States is final and conclusive upon the courts, unless it be…