Wixon

Appellant, fifteen years of age, of the Mongolian race and born in China, conceded to be the son of Mah Wing Chuck, arrived at the port of San Francisco and applied for admission on the ground that Mah Wing Chuck was a native born American citizen. The Immigration Board of Special Inquiry found that appellant had not maintained his burden of proving the American birth of the father and denied his admission. On appeal the Attorney General affirmed the decision. Mah Wing Chuck, on behalf of his minor son, petitioned the district court for a writ of habeas corpus against appellee, an order to show cause was issued, and the appellee filed his answer, making a part of it the entire record of the proceedings before the Immigration authorities. Upon this record the case was submitted. The district court denied the petition and this appeal followed.

Appellant to maintain his burden of proof of the father’s citizenship showed that in July, 1922, the latter was found by the Immigration Bureau to have been born in the United States and obtained a citizen’s return certificate to that effect, which he took with him on a trip to China and upon which he was later readmitted to the United…