Jung Yen Loy v. Cahill

MATHEWS, Circuit Judge (concurring).

Appellant sought admission to the United States as a citizen thereof. His case was heard by a Board of Special Inquiry appointed under section 17 of the Immigration Act of February 5, 1917, c. 29, 39 Stat. 887, 8 U.S.C.A. § 153. The board determined that appellant was not a citizen and should not be admitted. That determination was upheld by the Secretary of Labor. Appellant then applied for a writ of habeas corpus and, from an order denying the writ, has appealed to this court.

The record shows, without dispute, that appellant and his father, Jung Goey…