Ex parte Chooey Dee Ying

[1] This is an application for a writ . of habeas corpus presented upon behalf of a Chinese boy, who, after a hearing held by the officers of the immigration service, was denied entrance at the port of San Francisco. The applicant claims a right to enter upon the ground that he is a minor son of one Chooey Ngin Chow, a Chinese merchant, born and residing in the United States. The status of Chooey Ngin Chow was not seriously controverted, but upon the question of the alleged relationship the findings of the acting commissioner of immigration were adverse to the applicant, and his order of exclusion was, upon appeal, afterwards affirmed by the honorable Secretary of Commerce and Labor. By the petition here it is represented that the- applicant was not given a fair hearing in that; (1) The testimony of one of his witnesses was not taken; and (2) the acting commissioner did not transmit to the Secretary of Commerce and Labor all of the material evidence received. Issue having been *874 joined upon an order to show, cause, the matter was referred to a special referee and examiner to take and report the evidence with his findings and conclusions upon the question whether or not the…