Haff

Jung Sam v. Haff

Good Law
116 F.2d 384·1940 U.S. App. LEXIS 2678
United States Court of Appeals for the Ninth CircuitDecember 18, 1940No. 9500California2,364 words

Opinion

Lead Opinion

Garrecht, J.

May 11, 1939, one Jung So, a person of the Chinese race, arrived at the Port of San Francisco aboard the steamship “President Taft,” accompanied by two youths for whom he sought admission into the United States. These two boys, appellants here, Jung Tim and Jung Sam, aged, at the time of arrival, 15 years 6 months and 10 years 8 months, respectively, were allegedly the foreign-born sons of said Jung So, who was the son of a native-born citizen of the United States, and admission was sought on that ground.

Hearings were held by the Board of Special Inquiry to determine the status and admissibility of the applicants. As a result of these hearings, it was conceded that the alleged father was a citizen; that he resided in the United States prior to the birth of either applicant; that by reason of journeys to China, Jung So was in China at a time to render possible the paternity of children of the ages claimed; and that Jung So had, on previous occasions, advised the immigration authorities he claimed parentage of children in China of the names and ages to correspond with those given by the applicants. Jung So had one son, Jung Yow, admitted to the United States October 31,…

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