Carmichael

This is an appeal from a denial of a petition of appellant, a male of Chinese ancestry seeking admission to the United States, praying (1) that a writ of habeas corpus issue to produce appellant before the district court and (2) that, upon inquiry, the petitioner “be restored his liberty” — that is, freed of the custody of the appellee and remain in the United States.

The petition so far as it prayed for the writ was granted. It was issued and appellant produced before the district court. There, through his counsel, he participated in the inquiry. Upon the record, made in the Department of Labor and introduced in evidence at the inquiry, the petition so far as concerns its prayer to free appellant was denied.

Appellant contends the district court erred in not holding that he was not accorded a fair hearing before the Immigration Board of Special Inquiry and that the deportation order, issued by the Secretary of Labor after affirming the decision of the Board, is invalid.

The charge of unfairness is based on the claim that the testimony affirmatively shows appellant was born the son of a Chinese citizen, and that the evidence he is not such a son is so unsubstantial that no fair…