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CHIN CHIU FONG v. PHELAN

No. 12415.

181 F.2d 589 (1950)

CHIN CHIU FONG et al. v. PHELAN.

United States Court of Appeals Ninth Circuit.

April 19, 1950.

Attorney(s) appearing for the Case

Jackson & Hertogs, Joseph S. Hertogs, San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Attorney, Edgar R. Bonsall, Asst., San Francisco, Cal., (Lloyd E. Gowen, Asst. Dist. Adjudications, Officer, Imm. & Nat. Service, San Francisco, Cal., on brief), for appellee.

Before DENMAN, Chief Judge, and STEPHENS and ORR, Circuit Judges.

DENMAN, Chief Judge.

This is an appeal from a judgment denying a writ of habeas corpus to two persons of Chinese descent, each a minor, aged respectively 19 and 18, who had been ordered excluded from the United States on their seeking admission there at the Port of San Francisco.

The applicants had a hearing before a duly constituted Board of Special Inquiry which ordered the applicants excluded on the ground that they had not maintained their burden of proof...

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