Wixon

The appeal is from an order denying a petition for a writ of habeas corpus.

Claiming to be the son of a native-born citizen, appellant, a Chinese, applied for admission at the port of San Francisco. To the immigrant inspector who met him on board ship he presented an affidavit, executed by the alleged father, stating that appellant was his son. Apparently not being satisfied that appellant was “clearly and beyond a doubt entitled to land” the inspector ordered his temporary removal to the immigration, station for examination by a Board of Special Inquiry. The Board, after a hearing, found that appellant had not proved the relationship alleged and ordered his exclusion. An appeal was made to the Secretary of Labor, and on recommendation of the Board of Review the appeal was dismissed and appellant held for deportation.

The sole contention here relates to what is claimed to be faulty procedure leading up to the exclusion order. It is said that the statute requires “a preliminary examination” in addition to the usual inspection aboard ship, and that such an examination is a condition precedent to the jurisdiction of the Board of Special Inquiry. The point was not made during the…