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ONG FOO v. NAGLE

No. 5206.

22 F.2d 774 (1927)

ONG FOO v. NAGLE, Com'r of Immigration.

Circuit Court of Appeals, Ninth Circuit.

November 14, 1927.

Attorney(s) appearing for the Case

George A. McGowan, of San Francisco, Cal., for appellant.

Geo. J. Hatfield, 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.

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

We find it unnecessary to pass judgment on the issue upon which the decision of the immigration officials was based. Irrespective of the question of the identity of the appellant with Tang Yam Lung, the record utterly fails to establish the appellant's claim to have been born in the United States. The testimony on that branch of the case consists of that which was taken in the court below and the two several...

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