Lam Fook You v. White
Opinion of the Court
The appellant arrived at the port of San Francisco, November 27, 1920, and made application to enter the United States as a citizen, claiming to be the foreign-born son of Lem Kin Fou, a citizen of the United States. A board of special inquiry denied his application. On appeal, the Secretary of Labor affirmed the decision of the hoard. Upon a petition for habeas corpus, filed in the court below, order was issued to show cause. The matter was heard on a demurrer to the petition together with the appellee’s exhibits. The demurrer was sustained and the petition was denied. The petition for the writ alleged that the hearing and proceedings had and the action of the Commissioner and the Secretary of Labor was in excess of the authority committed to them, and that the denial of the appellant’s application was abuse of such authority so committed to them, and that it was abuse of discretion to deny the legal weight and sufficiency of the evidence that the appellant was the son of a citizen of the United States.
The conclusion of the executive officers was based on discrepancies and contradictions in the testimony of the appellant and his witnesses-For instance, the appellant testified that at the time of his mother’s
The judgment is affirmed.
Reference
- Full Case Name
- LAM FOOK YOU v. WHITE, Immigration Com'r
- Status
- Published