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UNITED STATES v. DAY

45 F.2d 206 (1930)

UNITED STATES ex rel. LEE KIM TOY v. DAY, Commissioner of Immigration.

District Court, S. D. New York.

September 4, 1930.

Attorney(s) appearing for the Case

Bethuel M. Webster, Jr., and C. F. Weidlich, both of New York City, for relator.

Charles H. Tuttle, U. S. Atty., of New York City (Morton Baum, Asst. U. S. Atty., of New York City, of counsel), for respondent.

PATTERSON, District Judge.

The writ of habeas corpus is sustained.

The question before the Board of Special Inquiry and the Board of Review was whether the applicant, Lee Shew Hong, a fifteen year old boy from China, is the son of Lee Kim Toy. The citizenship of the latter was conceded, so that the applicant was entitled to entry as an American citizen if the claimed relationship exists. In order to test the asserted kinship, the Board of Special Inquiry questioned...

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