Nagle v. Dong Ming

DIETRICH, Circuit Judge.

This is an appeal from an order made by the court below, granting a writ of habeas corpus by which the appellee, a Chinese boy, was discharged from the custody of the Commissioner of Immigration at the port of San Francisco. The boy had been denied admission, and was being held for return to China.

Admittedly the petitioner is the son of one Dong Ying, who for many years, including the date of the petitioner’s birth, lawfully resided and now resides in the United States, and the case turns upon the question whether or not the father was bom in the United States. In…