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FLYNN v. TILLINGHAST

No. 2698.

62 F.2d 308 (1932)

FLYNN ex rel. LUM HAND v. TILLINGHAST, Commissioner of Immigration.

Circuit Court of Appeals, First Circuit.

December 17, 1932.

Attorney(s) appearing for the Case

Walter Bates Farr, of Boston, Mass. (Everett Flint Damon, of Boston, Mass., on the brief), for appellant.

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

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

MORTON, Circuit Judge.

The petitioner claims admittance as the son of Lum Ack Wei, a native-born citizen of this country. The immigration tribunals found that the relationship exists as claimed; but they held that the citizenship of the father had not been satisfactorily established. The only question before us is whether the evidence in support of the father's citizenship was so clear and convincing that the refusal to accept it was arbitrary and unfair.

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