Haff

Appellant sought admission to the United States as a citizen thereof, basing his claim of citizenship' 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.” 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. The Secretary of Labor upheld the determination of the board. Appellant then applied for a writ of habeas corpus. Upon denial of the writ by the District Court, appellant appeals to this court.,

Appellant was born in China and claims to be the son of Kong Ngok Wah. Kong Ngok Wah is conceded to be a citizen of the United States. The claimed father was also born in China of a native born citizen of the United States, and was first admitted to the United States on May 11,…

(dissenting).

Kong Din Quong appeals from an order denying his petition for writ of habeas corpus. Petitioner arrived at San Francisco November 9, 1938, on the S.S. Coolidge and sought admission into the United States as the'son of a citizen of the United States. Pie was born in China and is of the Chinese race. The appellant’s alleged father, Kong Ngok Wah, was born in China and entered this country on May 11, 1921, as the son of a native. We believe the relationship between the appellant and Kong Ngok Wah may be taken as established; nevertheless, under the law, it was necessary for appellant to prove that he was born after his father entered the United States in order to be entitled to admission as a son of a native. 8 U.S.C.A. § 6 , 34 Stat. 1229 , 48 Stat. 797 ; Weedin v. Chin Bow, 274 U.S. 657, 675 , 47 S.Ct. 772 , 71 L.Ed. 1284 .

At the time the alleged father of appellant first entered the United States on May 11, 1921, he claimed one son, whose name he gave as Kong Yee Gwong, then two years of age, Chinese reckoning. When pre-investigated in 1925, incident to a trip which he was about to make to China, he claimed two sons, Kong Yee Gwong, aged six years, and Kong Din…