Wah v. Shaughnessy

CHASE, Circuit Judge.

The appellant is a native of China who entered this country as a seaman in November, 1921, and overstayed his leave by remaining here until July, 1947. He then obtained a United States passport by fraudulently representing that he was a native American and returned to China. Early in 1948 he sought to re-enter the United States at the Port of San Francisco as an American citizen and when it was shown that his passport was invalid he was excluded by a Board of Special Inquiry and his exclusion was administratively affirmed on appeal.

Pending these administrative proceedings…