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NAGLE v. LIM FOON

No. 6200.

48 F.2d 51 (1931)

NAGLE, Commissioner of Immigration, v. LIM FOON.

Circuit Court of Appeals, Ninth Circuit.

March 16, 1931.

Attorney(s) appearing for the Case

Geo. J. Hatfield, U. S. Atty., and Albert C. Wollenberg, Asst. U. S. Atty., both of San Francisco, Cal., for appellant.

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

Before RUDKIN and WILBUR, Circuit Judges, and NORCROSS, District Judge.

NORCROSS, District Judge.

This is an appeal from an order and judgment granting a writ of habeas corpus and discharging the petitioner, appellee, from the custody of appellant.

The proceeding was heard upon the allegations of the petition. The salient facts therein alleged are as follows:

The petitioner is of Chinese descent, born in China. In June, 1908, he was admitted to the United States by the immigration authorities of the port of San Francisco...

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