WARD v. FLYNN

No. 2938.

74 F.2d 145 (1934)

WARD, Com'r of Immigration, v. FLYNN ex rel. YEE GIM LUNG.

Circuit Court of Appeals, First Circuit.

December 1, 1934.


Attorney(s) appearing for the Case

Arthur J. B. Cartier, Asst. U. S. Atty., of Boston, Mass., (Francis J. W. Ford, U. S. Atty., of Boston, Mass., on the brief), for appellant.

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

Before BINGHAM, WILSON, and MORTON, Circuit Judges.


MORTON, Circuit Judge.

This is an appeal by the Commissioner of Immigration from a decree of the District Court in habeas corpus proceedings which held, in effect, that Yee Gim Lung, who will be referred to as the petitioner, had so clearly established his status as an American citizen and his right to enter this country that the denial of his claim by the immigration tribunals was arbitrary and unfair; and the court accordingly discharged the petitioner. It was conceded...

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