300 F. 323 | 9th Cir. | 1924
This'is an appeal from a judgment denying a petition for a writ of habeas corpus. The appellant, who was born in China, claimed the right to enter the United States as the son of Wong Toon Yow, an American citizen. In order to prove that he was the son of his alleged father, it was necessary to ghow that he was born, as he claimed to have been, 13 years and 9> months prior to the time of the hearing before the board of inquiry. Upon his general appearance and upon the certificate of the medical examiner of aliens, the members of the board were convinced that he was several years older than he claimed to be, and on that ground they denied him admission.
It is contended that the general appearance of the applicant and the certificate of the physician cannot avail to counterbalance the positive
In the present case the members of the board relied largely, as properly they might, upon the certificate of the examining physician. He certified that after a “consideration of the physical characteristics presented by the alien and a correlation of those features which aid in the estimation of age, such as hair, caputal, axillary, facial, and pubic, the condition of the skin, the eruption and development of the teeth, the development of the sexual organs, the facial expression, and the general attitude, I am of the opinion that his age is within one year either way of 16 years.” The case is therefore one of conflicting evidence, upon which the members of the board have exercised their judgment, and we see no ground upon which it can be disturbed by a court. Ng Fong Ho v. White, 259 U. S. 276, 42 Sup. Ct. 492, 66 L. Ed. 938; United States v. Tod (C. C. A.) 290 Fed. 689.
The judgment is affirmed.