Carr

Appellant, Horn Ark, sought admission to the United States as a citizen thereof. His case was heard by a board of special inquiry appointed under § 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 determination was upheld by the Secretary of Labor. Appellant then applied for a writ of habeas corpus and, from an order denying the writ, has appealed to this court.

Appellant’s claim'of citizenship is based on § 1993 of the Revised Statutes, 8 U.S.C. A. § 6, which provides: “All children born out of the limits and jurisdiction of the United States, whose fathers may be at the time of their birth citizens of the United States, are declared to be citizens of the United States; but the right of citizenship shall not descend to children whose fathers never resided in the United States.”

Appellant was born in China and "claims to be the son of Horn Chuie. Horn Chuie is, and has been all his life, a citizen of the United States, but never resided in the United States until February 8, 1921. Hence, to establish appellant’s claimed citizenship, it was necessary to…