Lum Sha You v. United States

Lum Sha You sought admission to the United States at the Port of Honolulu on September 6, 1934 as the son of Lum Yen Ki, conceded to be a citizen of the United States. The applicant, his alleged father, Lum Yen Ki, his alleged uncle, Lum Say Ki, and his alleged brother, Lum Say Chow, appeared and testified before the Board of Special Inquiry, which Board denied applicant admission to the United States. Applicant then appealed to the Secretary of Labor, who dismissed the appeal. After the lower court denied applicant’s petition for a writ of habeas corpus, appeal from the judgment of denial was taken to this court.

There is attached to the petition a transcript of the proceedings before the Board. The government’s return to the order to show cause set up certain discrepancies, which, it is claimed, “made it impossible for said Board * * * to credit the claim of this petitioner.” The answer to the return denied some of the discrepancies, and set up the unfairness of the examination. Upon the hearing there was admitted in evidence transcript of proceedings had March 7, 1923, the time when appellant’s alleged father was admitted; transcript of proceedings had May 25, 1933, the time…