Proctor

The appeal is from an order denying a writ of habeas corpus, following appellant’s exclusion by the immigration authorities at the port of Seattle.

. Appellant, a Chinese person, claims to have been born in San Francisco on February 24, 1918. He arrived from China at Seattle in May, 1939, and applied for admission as a native-born citizen of the United States. After a hearing before a board of special inquiry appellant’s appli7 cation for admission was denied. He appealed to the Secretary of Labor, and the order of exclusion was affirmed by the Board of Review.

jn support of his claim of citizenship appellant presented a citizen’s return certificate (Form 430) with photograph attached, issued by the immigration service at San Francisco September 3, 1919, in the name 0f Lee Chock Hon. An endorsement thereon showed a departure of the holder on December 27, 1919. It is agreed that if appellant is the person represented in *247 the photograph attached to the citizen’s return certificate he is entitled to admission; otherwise, he is not. The immigration authorities decided that he is not the same person; and the only question here is whether the decision is supported by substantial…