Jong v. Nagle
Jong v. Nagle
Opinion of the Court
By his next friend the appellant, Tee Dong Tun, a Chinese boy now a little over twelve years of age, brought this proceeding in habeas corpus to obtain his release from the custody of the immigration authorities who had denied him admission to the United States and were intending to return him to China. His petition was denied, and hence this appeal.
He seeks admission upon the alleged ground that he is the foreign-bom son of Tee Quing Sheek, alias Tee'Quong Look, who asserts that he is the son of one Tee Ting Oek, a native-born citizen. The conclusion of the Board of Special Inquiry at San Francisco was that appellant had failed satisfactorily to establish either that he is the son of Tee Quing Sheek or that the latter is a citizen.
' The boy arrived at the port of San Francisco in the summer of 1928, and at the first hearing, held on August 10th of that year, he and his alleged father gave testimony. The Board found him to be about the age claimed and to be “quite intelligent” for his years. No fault was found with his demeanor and his testimony disclosed that he was familiar with much of the history of his alleged father’s family. At times he corrected earlier statements in his testimony but the Board was inclined to attribute these mistakes to his youth rather than a' disposition to pervert the truth. The father’s testimony was in some particulars at variance with testimony he had given upon prior occasions and these discrepancies he did not satisfactorily explain. In their comment at the time the Board specifically referred to two discrepancies between the testimony of appellant and that which the alleged father then gave which are measurably substantial. But no decision was then reached for the reason, as explained by the Board, that it was awaiting the resxdt of an investigation respecting two letters it had received (one in Chinese and the other English), purporting to have been written by the appellant’s alleged paternal grandmother in China, which, if authentic, tended strongly to show that the claim of relationship with the native-born citizen hereinbefore mentioned was fraudulent. Withholding knowledge of their existence from appellant and his alleged father, the Board had referred them to the United States Consul General at Hong Kong, but for reasons we need not stop to explain the effort to have such investigation made was fruitless and the letters remained unauthentieated up to April, 1929, when a second hearing was had at San Fran
Affirmed.
Reference
- Full Case Name
- YEE SING JONG, on Behalf of Yee Dong Tun v. NAGLE, Commissioner of Immigration
- Status
- Published