Ex parte Leong Wah Jam

On January 11, 1916, an order was entered sustaining the demurrer to the petition for a writ of habeas corpus herein, and denying such petition. This order was entered under a misapprehension of what the record disclosed. The record of the local immigration office relating to petitioner’s application for admission was made by stipulation a part of the petition for the writ. It was the understanding of the court that the local immigration record contained all documents pertaining to the” case. This, however, as is conceded by the government, is not the fact. It results from this that the petition presents questions not considered or passed upon by the court in sustaining the demurrer. The order sustaining the demurrer and denying the petition is therefore vacated and set aside, and the court now proceeds to consider said petition and demurrer anew.

Applicant, a person of the Chinese race, born in China, sought admission into this country as the son of a native-born American citizen. His application was denied, and such denial was affirmed upon appeal. The citizenship of the father is not questioned, and in denying the appeal the Assistant Secretary of Labor gives his reasons as…