Carmichael

Seeking admission to the United States as a citizen thereof, appellee, Wong Choon Ock, was detained at the port of San Pedro, California, by appellant, William A. Carmichael, District Director of the Immigration and Naturalization Service. A board of special inquiry appointed under § 17 of the Immigration Act of February 5, 1917, c. 29, 39 Stat. 887 , 8 U.S.C.A. § 153 , heard appellee’s case and determined that he should be deported. The Secretary of Labor sustained the board’s decision and issued a deportation warrant. Appellee applied for and obtained a writ of habeas corpus. Appellant produced appellee’s body and, as part of his return to the writ, filed a transcript of the testimony and proceedings before the board. The court heard the case and entered judgment for appellee. Appellant seeks reversal.

The evidence establishes without conflict that appellee' is the son of Wong Quan, who, it is conceded, is a native-born citizen of the United States. Uncon-tradicted testimony to. this effect was given by appellee, by appellee’s parents, Wong Quan (father) and Chin King Nue (mother), and by appellee’s brothers, Wong Choon Loy, Wong Yowe, Wong Jeow and Wong Quong. Appellee’s…