Petition of Kwan Shun Yue

This matter comes before the court on the motion of the United States of America for an order denying the petition of Kwan Shun Yue, a National of China, for naturalization, on the ground (1) that petitioner has failed to establish a lawful admission to the United States as an immigrant for permanent residence, and (2) on the further ground that a valid certificate showing the date, place and manner of petitioner’s arrival in the United States, was not filed with the petition, and that petitioner has not established exemption from such requirement.

The particular question to be decided is the effect of the Immigration Act of May 26, 1924, c. 190, 43 Stat. 153 , and Sec. 3 thereof, 8 U.S.C.A. § 203 , 1 on Chinese treaty merchants entering the United States after the effective date of that statute, when read in connection with the treaty between this country and China, of November 17, *805 1880, 2 22 Stat. 826 and the subsequent treaty of March 17, 1894, 3 28 Stat. 1210 .

The facts.

The facts, as found by the designated Examiper, show that petitioner applied for admission to the United States at Seattle, Washington, July 20, 1924, in possession of a certificate, as a treaty…