277 F. 765 | 9th Cir. | 1922
Appellants, Chang Sim and Chang Yet, seek admission to the United States, asserting that they are citizens, foreign-bom sons of Waitong, whose citizenship is conceded. After hearings before a board of special inquiry admission was denied, and thereafter the Secretary of Labor dismissed their appeal, and deportation was ordered. To petition for writ of habeas corpus, filed in the District Court, demurrer was sustained, and from an order denying the petition appeal was taken.
The immigration records filed by stipulation disclose that Chang Sim arrived in San Francisco July 24, 1919, and applied for entry as the son of Waitong. Affidavits by Waitong and another Chinaman were filed in support of the applicant’s affidavit. T^o the affidavit of Waitong there were attached photographs of himself and Chang Sim. By agreement Waitong, the alleged father, testified before an inspector, and the evidence with a report thereon was afterwards considered by the special board. Chang Sim appeared in person before a hoard of special inquiry. In due course in September, 1919, further examination of Waitong was had, and again Chang Sim was personally examined by the board. The cause for the further examination was the desire to gain information concerning an indorsement on the back of Waitong’s naturalization certificate, which showed that as a citizen of the United States he had landed at Manila on the steamer Tean on June 22, 1906, and was accompanied by wife and family; also to inquire into the records of the alleged landing of Waitong at Honolulu in 1898 or 1899. Pending the gathering of the additional evidence, the applicant was paroled. The necessary information was received, and the board, not being satisfied that the applicant was the son of Waitong, deferred action “to allow the production of any additional evidence desired bearing on the relationship claimed.” Counsel for applicant were notified, but no further evidence was produced, and on the ground that the relation
Chan Yet, the other appellant, arrived' at San Francisco November 30, 1919, and filed an affidavit of Waitong, together with appended photographs of himself and Waitong, and also affidavits of Wong Sing Chong and Chang Sim, applicant’s alleged brother. Testimony was taken and several adjournments were had by the board of special inquiry to allow additional evidence of the claimed relationship of father and son. Counsel for applicant wrote that he had no further evidence, whereupon the board decided to exclude the applicant.
Appeals in both cases were taken, briefs in behalf of applicants were filed with the Secretary of Tabor at Washington, and in a carefully prepared memorandum the record and other evidence was analyzed, and the conclusion reached that the status of the applicants was not established “to a degree sufficiently convincing to justify their admission as American citizens.”
Included among the papers forwarded from Manila was the record of naturalization of Waitong, based upon citizenship in the Hawaiian kingdom, dated July 19, 1892. Upon the certificate there was a notation that Waitong landed in Manila with wife and family. Inasmuch as Waitong testified in 1919, before the board which examined into the cases of the present applicants, that in June, 1906, he was a passenger on the Tean from Hong Kong to Manila, and landed at Manila on June 22 of that year, as a citizen of the United States, and that he had gone to Manila on the Tean without any member of his family, it was entirely proper to show to him the notation on the back of his certificate of naturalization, which he obtained in Hawaii, and to ask what he had to say about the apparent inconsistency.
Waitoug’s explanation was that when he was going to Manila he made the acquaintance of three actresses who were on the ship, and without his knowledge or consent tliey claimed that he was husband and
Appellants had a fair hearing, „ were represented by counsel, had every opportunity to produce witnesses, and have failed to show any abuse of discretion on the part of the executive officers, or error on the part of the District Court.
The order appealed from is affirmed.