Mock Gum Ying v. Cahill

MATHEWS, Circuit Judge (concurring).

Appellant sought admission to the pjmted States as a citizen thereof. Her 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 determinatio'n was upheld by the Secretary of Labor. Appellant then applied for a writ 0f habeas corpus and, from an order denying the writ, has appealed to this court.

The facts are not in dispute- Appel_ jani; was born in China on March 4, 1914,…