Carr

Seeking admission to the United States as a citizen thereof, appellant, a native of China, arrived' at the port of San Pedro, California, on April 7, 1938, and was detained there in custody of appellee, Walter E. Carr, District Director of the Immigration and Naturalization Service. Appellant’s case was heard on August 9, 1938, 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 decided that appellant’s claim of citizenship had not been established, and that, therefore, he should be excluded. The Secretary of Labor upheld the board’s decision and ordered appellant deported to China. Won Doo Mo, alleged brother of appellant, acting for and on behalf of appellant, applied for and obtained a writ of habeas corpus. From an order discharging the writ and remanding appellant to appellee’s custody, this appeal is prosecuted.

Appellant calls himself Won Ying Loon 1 and claims to be a son of Won Jung, 2 who, it is conceded, was at the time of appellant’s birth a citizen of, and had theretofore resided in, the United States. Thus it is conceded that, if appellant is in fact a son of Won Jung, he…