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TILLINGHAST v. FLYNN

No. 2407.

38 F.2d 5 (1930)

TILLINGHAST, Commissioner of Immigration, v. FLYNN ex rel. CHIN KING.

Circuit Court of Appeals, First Circuit.

February 17, 1930.

Attorney(s) appearing for the Case

John W. Schenck, Asst. U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., of Boston, Mass., on the brief), for appellant.

Walter Bates Farr, of Boston, Mass. (E. F. Damon, of Boston, Mass., on the brief), for appellee.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.

WILSON, Circuit Judge.

A Chinese boy, thirteen years of age, applied for admission to this country, claiming to be Chin King, the son of Chin Wing, an American citizen. After numerous hearings he was excluded by order of the Board of Special Inquiry, which order was affirmed by the Secretary of Labor on appeal.

The applicant then applied for a writ of habeas corpus to the District Court of Massachusetts, which court ordered the writ to issue, from which order...

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