NAGLE v. DONG MING

No. 5254.

26 F.2d 438 (1928)

NAGLE, Commissioner of Immigration, v. DONG MING.

Circuit Court of Appeals, Ninth Circuit.

May 21, 1928.


Attorney(s) appearing for the Case

Geo. J. Hatfield, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal., for appellant.

Stephen M. White, of San Francisco, Cal., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


DIETRICH, Circuit Judge.

This is an appeal from an order made by the court below, granting a writ of habeas corpus by which the appellee, a Chinese boy, was discharged from the custody of the Commissioner of Immigration at the port of San Francisco. The boy had been denied admission, and was being held for return to China.

Admittedly the petitioner is the son of one Dong Ying, who for many years, including the date of the petitioner's birth, lawfully resided...

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