In re Gee Nay Wai
Opinion
lead Opinion
Murphy, J.
The petitioners in this matter are Gee Nay Wai, a Chinese boy, now 25 years of age and Gee Nay Yuk, a Chinese girl, now 21 years of age.
These petitioners arrived in the United States on June 19, 1952, and sought admission into the United States as citizens, i. e., as the foreign bom children of Gee Shue Chee, concededly a citizen of the United States. The petitioners’ claim for recognition of their citizenship was denied by the Immigration Board of Special Inquiry at the Port of San Francisco and subsequently by the Board of Immigration Appeals on the ground that there are certain alleged variances in the testimony .of the two petitioners, largely with regard to describing various minor details concerning their abode in China and their temporary stay in Hong Kong. Many of these discrepancies the Board of Immigration Appeals conceded to be “of minor importance” and relate to “minor details”. On the other hand, the Board considered several similarly trifling variances as tending to discredit petitioners’ claim that Gee Shue Chee is their father.
I have reviewed the extensive record consisting of exhibits and documentary evidence taken at the various hearings. This record…