Ex parte Mock Kee Song

Applicant, a chínese, claims that he was born in San Francisco in 1882, was taken to China by his parents about 1888, returned and was admitted to the United States in 1896. Between 1909 and 1930 he made five trips to China, and on each .occasion was given a citizen’s return certificate, and readmitted. He brought five sons to this country, securing admission for them on the ground of his claimed nativity. In 1931 he again applied for a return certificate, which was denied. Through counsel learned in immigration procedure, applicant took an appeal to the Secretary of Labor, who, upon recommendation of the Board of Review, ordered dismissal. The opinion of the Board is as follows:

In the face of such official denial of his application, and such holding that his claim of citizenship was not established, applicant left for China without a return certificate. He returned to the port of San Francisco on July 29, 1936, and sought admission, which was denied by the Board of Special Inquiry upon the ground that he was not a returning native. Applicant again appealed to the Secretary of Labor, his case was again considered by the Board of Review, who again recommended dismissal, and it…