Haff

Appellant, a Chinese person, sought admission to the United States, claiming to be a native-born citizen thereof. His 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 born in the United States, was not a citizen thereof, and should not be admitted. That determination was upheld by the Secretary of Labor. Appellant then applied to the District Court for a writ of habeas corpus and, from an order denying the writ, has appealed to this court.

The Secretary’s decision denying appellant admission to the United States is final and conclusive, unless it be shown that the proceedings were manifestly unfair; that the executive officers charged with the administration of the statute acted in some unlawful or improper way; that they abused their discretion; that their action was such as to prevent a fair investigation; or that their authority was not fairly exercised, that is, consistently with the fundamental principles of justice embraced within the conception of due process of law. Lee Bow Sing v. Proctor (C.C.A.9) 83 F.(2d) 546 , decided…