In re Ng Len Ngeow
Opinion
Lead Opinion
Sure, J.
Applicant, a Chinese hoy of thirteen, was denied admission into the United States by a Board of Special Inquiry, and appeal to the Secretary of Labor was dismissed.
In his decision the Secretary of Labor says: “The real ground for the finding of the Board of Special Inquiry that the evidence does not reasonably establish that the applicant is a son of his alleged father is the fact that neither the alleged father nor the landed alleged brother who appears as a witness has been in a position to testify of his own knowledge that this applicant is iden *500 tical with the'child claimed as a son. by the alleged father in October, 1921. The child of whom they spoke at that time was less than two months, old- when they left China and neither claims to have seen him since then. The Board'of Review does, not find as the Board of Special Inquiry did not,find that the present applicant has been satisfactorily identified as a son of his alleged father or that any substantial evidence,has been presented in support of that claim.”
The-facts show that “identification by mutual recognition- is impossible.” Jue Yim Ton v. Nagle (C. C. A.) 48 F.(2d) 752 .