Haff

Ngim Ah Oy v. Haff

Good Law
112 F.2d 607·1940 U.S. App. LEXIS 4378
United States Court of Appeals for the Ninth CircuitJune 11, 1940No. 9418California1,237 words

Opinion

Lead Opinion

Haney, J.

Being denied admission into the United States and held for deportation by ap-pellee, appellant brings this appeal to review an order of the court below denying her petition for a writ of habeas corpus.

Appellant sought admission into the United States as the foreign-born daughter of Ngim Lin, an alleged citizen of the United States. In addition to applicant’s testimony, five witnesses testified on her behalf.

Ngim Lin, the alleged father, first arrived from China, at San Francisco on May 3, 1915. In the following October, he was issued a citizen’s return certificate, and was readmitted as a citizen upon his retuni from the Territory of Hawaii a year later. At that time he was asked how many children he had ever had, and he replied “One boy — no girls”. He also testified that the boy was named Ngim Tai, and that he was born December 5, 1915 (old calendar) or October 29, 1915 (new calendar). The alleged father applied for a citizen’s return certificate and in support thereof testified on September 19, 1922, that he had one boy and one girl, who were twins, born on February 4, 1916 (old calendar) or January 2, 1916 (new calendar) ; that his son’s name was Ngim Tai and that the name…

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