The petitioner was born in China of Chinese parents, but is the adopted son of a native-born citizen of the United States. He is still a minor, and the sole question presented by the record before me is: Is suclx a person entitled to he admitted to the United States under the Chinese Exclusion Acts ?

So far as I am advised, the question is one of first impression in the courts, and we can only reason from analogy. In United States v. Gue Lim, 176 U. S. 459 , 20 Sup. Ct. 415, 44 L. Ed. 544 , it was held that the wife and minor children of a Chinese merchant domiciled in this country are entitled to enter the United States without a certifi *364 cate, by virtue of the mercantile status of the husband and father. It has likewise been held that no such right is accorded to the wife and children of a Chinese laborer domiciled here. It has been further held that the children of a citizen of the United States bom in China are entitled to admission to this country by virtue of their own status as American citizens, and in the case of Tsoi Sim v. United States, 116 Fed. 920 , 54 C. C. A. 154 , it was held by the Circuit Court of Appeals for this circuit that the Chinese wife of a native-born American citizen, who was a laborer by occupation, was entitled to enter the United States, and therefore entitled to remain here; the court saying:

It was conceded on the argument that the adopted minor child of a Chinese merchant may enter the United States under the Exclusion Acts (Comp. St. § 4290 et seq.), and, if so, by what process of reasoning can the adopted minor child of a native-born American citizen be denied that right ? I am unable to distinguish this case from the Tsoi Sim Case, decided by the Circuit Court of Appeals, and the distinction sought to be made between merchant and laborer, where the rights of an American citizen are involved, is without foundation in fact or in law.

The demurrer is therefore overruled, and the writ will issue as prayed.