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LEE FONG FOOK v. WIXON

No. 11860.

170 F.2d 245 (1948)

LEE FONG FOOK v. WIXON, District Director, Immigration and Naturalization Service.

United States Court of Appeals Ninth Circuit.

As Amended November 8, 1948.

Attorney(s) appearing for the Case

Gus C. Ringole, of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and Edgar R. Bonsall, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Wayne M. Collins, of San Francisco, Cal. (George G. Olshausen and Theodore Tamba, both of San Francisco, Cal., of counsel), for American Civil Liberties Union of Northern California, amicus curiae.

Before HEALY, BONE, and ORR, Circuit Judges.

PER CURIAM.

Appellant arrived at the port of San Francisco on his return from a visit to China and was there detained by the immigration authorities. After a hearing before a board of special inquiry he was denied admission on a finding that he is an alien immigrant without visa. He thereafter entered an appeal to the Commissioner of Immigration and Naturalization. Pending the appeal he petitioned for a writ of habeas corpus asserting that he is an American citizen...

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