Gee Nee Way v. McGrath

This is a Chinese exclusion case. Appellant, while in custody under the excluding decisions of a board of special inquiry and of the Secretary of Labor, *327 petitioned for a writ of habeas corpus. The appeal is from the denial of the writ.

The only question presented is whether appellant was given a fair hearing before the board of inquiry and whether the decision in his case is supported by credible evidence.

Appellant was bom in China in 1915. In 1929 he first sought admission into this country as a citizen under § 1993, R.S., 8 U.S.C.A. § 6 , claiming to be a son of Jee She Ning, alias Gee You Ung, a native-born citizen of.the United States. At that time it was claimed that appellant was one of three sons of the named father, of whom the eldest was Gee Yook Ngow and the youngest Gee Nee Jick. He was admitted and issued a certificate of identity. Later on in the same year, after having obtained a citizen’s return certificate, he went back to China in company with said Jee She Ning, the supposed father. In May, 1938, he sought readmission.

In large part his exclusion is based upon testimony in another case given in 1931 by three Chinese who claimed to be fellow villagers of…