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UNITED STATES v. DAY

No. 191.

54 F.2d 990 (1932)

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

Circuit Court of Appeals, Second Circuit.

January 11, 1932.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Leon E. Spencer, Asst. U. S. Atty., of New York City, of counsel), for appellant.

James C. Thomas, of New York City, for relator-appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

Fong Bing Len, a person of Chinese descent, arrived at the port of New York on the steamship Silvia in December, 1929, and claimed admission to this country as a foreign-born son of the relator, Fong On, who is a native-born citizen of the United States. If the claimed relationship exists, the applicant for admission is himself a citizen by virtue of the statute. 8 USCA § 6. A hearing was accorded the applicant by a board of special inquiry...

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