Bonham

Appellant, a Chinese boy seventeen years of age, was excluded from entry into the United States at the port of Seattle. He sought release on habeas corpus, asserting that the exclusion order was arbitrary and capricious, and from the denial of the relief prayed for he appeals.

Appellant claims the right to enter as the son of Quan Siew, a native-born citizen of the United States. In October, 1938, Quan Siew filed with the immigration service at Saint Paul an affidavit for predetermination of his status as a citizen in anticipation of the coming to this country of appellant, his alleged son. At the same time and for the same purpose he presented himself to the authorities there and submitted to interrogation. Upon receipt of his affidavit and deposition at Seattle, the commissioner at the latter place endorsed on the affidavit the notation: “American citizenship of af-fiant conceded this date on the basis of proof thereof submitted.”

In August, 1939, appellant arrived at Seattle and was examined before a board of special inquiry composed of Inspector Matterson, as chairman, and two others. He was questioned closely and at length concerning his relationship with Quan Siew; and as…

(concurring).

I concur. Petitioner having applied for entry at the port of Seattle, Washington, in August 1939, was rejected by the Board of Special Inquiry upon the first hearing, August 28, 1939, and was again rejected on December 13, 1939 after reopening the case to receive and consider additional evidence offered by the applicant. Each time he appealed and the appeals were dismissed by the Secretary of Labor upon recommendation of the Board of Review. The second hearing before the Board of Special Inquiry after the dismissal of the appeal from its first order of exclusion, occurred by reason of the application of the petitioner for a reopening of his case in order to hear the testimony of another witness in support of his application. This witness, Kong Tin, testified that he had visited the petitioner’s family in China and found petitioner in the home of his alleged father and mother. The second appeal having been taken, the Board of Review again recommended the dismissal of the appeal, which was done.

The Board of Review, in its opinion of November 6, 1939, which is appended in the footnote 1 held that it was improper for the *921 Board of Inquiry to use the record before…