Carmichael

Liew Fat v. Carmichael

Good Law
118 F.2d 1009·1941 U.S. App. LEXIS 4158
United States Court of Appeals for the Ninth CircuitApril 16, 1941No. 9640California612 words

Opinion

Lead Opinion

Stephens, J.

Appellant, a native born Chinese, made application at the port of San Pedro, California, for admission to this country, claiming to be the foreign-born citizen son of Liew Kit, whose American citizenship is conceded. A Board of Special Inquiry, section 17 of the Immigration Act of February 5, 1917, c. 29, 39 Stat. 887 , 8 U.S.C.A. § 153 , found that the relationship claimed was not established and denied him admission, and the Secretary of Labor approved. The applicant sued out the writ of habeas corpus and after hearing the District' Court dismissed the writ. Applicant appeals.

Appellant asserts that the discrepancies in the testimony, the basis of the Board’s conclusions, are trivial and neither prove nor disprove the relationship. It appears otherwise.

Appellant testified that he was born in Bow Lung Village on December 29, 1921, and there lived in the same house until he came to the United States. The alleged father gave the place of birth as Bow Lung Village.

However, in May, 1922, in an application for return certificate, the alleged father testified that the appellant was then with his mother in Gok Lung Village.

In October, 1927, at another Board hearing, the alleged…

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