33 F.2d 226 | 9th Cir. | 1929
This is an appeal from an order denying a petition for a writ of habeas corpus in behalf of two Chinese applicants for admission to the United States. It is coneeded that the alleged fathers of the two appellants are citizens, so that the only question at issue is one of relationship. The witnesses appearing before the board of special inquiry were the alleged grandfather of one of the appellants, who is also the alleged father of the other appellant; the alleged brother of one of the appellants, who is also the alleged father of the other appellant; the two appellants themselves; and a fifth witness, to whose testimony no particular importance is attached. The several witnesses were examined in great detail as to matters of family history, relatives, persons, and places, and it must be conceded that the relationship was fully established, unless the department was justified in disregarding the testimony and in excluding the appellants because of certain discrepancies in the testimony, to which we will now direct our attention.
The alleged grandfather testified that one of his sons, Wong Sing Ngip, came to the
This and other courts having to do with immigration eases are constantly called upon to consider the effect of discrepancies of one kind or another in testimony taken before the immigration department. In Go Lun v. Nagle, 22 F.(2d) 246, this court said: “We may say at the outstart that discrepancies in testimony, even as to collateral and immaterial matters, may be such as to raise a doubt as to the credibility of the witnesses and warrant exclusion; but this cannot be said of every discrepancy that may arise. We do not all observe the same things, or recall them in the same way, and an American citizen cannot be excluded, or denied the right of entry, because of immaterial and unimportant discrepancies in testimony covering a multitude of subjects. The purpose of the hearing is to inquire , into the citizenship of the applicant, not to develop discrepancies whieh may support an order of exclusion, regardless of the question of citizenship.”
In Nagle v. Wong Ngook Hong, 27 F.(2d) 650, we said: “Owing to the wide range of the examination of the several witnesses, repetition, and minute detail, the records are voluminous. Certain discrepancies are relied upon by the Commissioner, but we agree with the lower court that they are either only apparent or insignificant. No group of witnesses, however intelligent, honest, and disinterested, could submit to the interrogation to whieh these witnesses were subjected without developing some discrepancies.”
Again, in Nagle v. Dong Ming, 26 F.(2d) 438, we said: “But it must be borne in mind that mere” discrepancies do “not necessarily discredit testimony. It is sometimes urged upon us ' that the testimony is impeached by its discrepancies, and sometimes by its complete accord. Both propositions are valid. But to be so, and to escape the charge of inconsistency, they must be understood in the light of the reason upon whieh they rest, and applied only within the range of such reason; otherwise, all testimony would be self-impeaching.”
In Mason ex rel. Lee Wing You v. Tillinghast (C. C. A.) 27 F.(2d) 580, the court said: “So proceeding, the immigration tribunals succeeded in developing some very slight discrepancies on matters purely collateral, on whieh they ground their finding that the relationship is not reasonably established. But this euphemistic phrase must not be allowed to disguise the real situation. There is here no room for honest error. The family exists as the three witnesses describe it, unless the reeord as a whole furnished some 'basis upon whieh reasonable, truth-seeking
The immigration officers found that there was a good family resemblance between the different parties claiming relationship, and, as said by this court in the Go Lun Case, a reading of the entire record leaves not the slightest room for doubt that the relationship was fully established and that the appellants are citizens of the United States. A contrary conclusion is arbitrary and capricious, and without any support in the testimony.
The judgment of the court below is therefore reversed, with directions to issue the writ of habeas corpus as prayed.