UNITED STATES v. DAY

No. 67.

37 F.2d 36 (1930)

UNITED STATES ex rel. FONG LUNG SING v. DAY, Commissioner of Immigration.

Circuit Court of Appeals, Second Circuit.

January 6, 1930.


Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (Walter H. Schulman, Asst. U. S. Atty., of New York City, of counsel), for appellant.

M. Michael Edelstein, of New York City, for appellee.

Before L. HAND, SWAN, and MACK, Circuit Judges.


L. HAND, Circuit Judge.

The relator, Fong Lung Sing, sued out the writ for the applicant, whom he alleged to be his son, being himself a citizen of the United States, concededly born in California. If so, it is agreed that the applicant though born in China was also a citizen, so that his admissibility turns entirely upon the fact of the relator's paternity. The applicant arrived in New York from Canada on April 12, 1928, and was at once given a hearing before a Board...

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