Lum Mon Sing v. United States

Appellant sought release from custody on a petition for a writ of habeas corpus, and appeals from a judgment dismissing the writ.

Appellant claims to have been born in Honolulu on December 2, 1900, and to have gone to China with his mother on September 19, 1901. He returned to Honolulu on January 8, 1922, and was admitted as a native-born citizen after hearing. In September, 1936, he applied for a Citizen’s Return Certificate, which was denied on October 13, 1936. His appeal to the Secretary of Labor was dismissed. He departed for China on January 25, 1937, and returned to Honolulu on January 11, 1941. He was denied admittance into the United States, and his appeal to the Attorney General was subsequently dismissed. He then filed a petition for a writ of habeas corpus in the court below, which was issued, then subsequently dismissed, and this appeal followed.

In 1922, appellant testified in support of his application for admission, that his father was Lum Chin Hock, also known as Lum Bung Leong, who died on October 16, 1902. In 1936, in support of his Citizen’s Return Certificate, he testified that his father was Lum Chin Foo, also known as Lum Bung Leong and Lum Chin Hock, who…