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DONG YING FUN v. NAGLE

No. 4438.

5 F.2d 310 (1925)

DONG YING FUN v. NAGLE, Commissioner of Immigration.

Circuit Court of Appeals, Ninth Circuit.

May 11, 1925.

Attorney(s) appearing for the Case

P. A. Vincilione, of San Francisco, Cal., for appellant.

Sterling Carr, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

HUNT, Circuit Judge (after stating the facts as above).

The contention that applicant was not given a fair and impartial hearing, and that the proceedings leading to his exclusion were arbitrary and illegal, is based upon the grounds: (1) That the board of special inquiry was improperly constituted, in that it was made up of members who acted in the dual capacity of members of the board as well as stenographers to the board; (2) and that the members of the board were...

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