United States ex rel. Lee Kum Hoy v. Shaughnessy

DIMOCK, District Judge.

Respondent has submitted a form of order dismissing a writ of habeas corpus. The writ was originally sued out to attack respondent’s right to hold three children of the Chinese race born in China who had been excluded from the United States. They had claimed American citizenship by virtue of one Lee Ha whom they claimed as their father. The Board of Special Inquiry, largely on the basis of blood tests held to preclude paternity, rejected their claim and they were taken in custody pursuant to that determination. I held that relators had been wrongfully denied…