In re Wong Tung Fook

MORTON, District Judge.

If the petitioner’s claim to citizenship is more than merely colorable, he is entitled to a judicial determination of the question. See Ng Fung Ho v. White, 259 U. S. 276, 42 S. Ct. 492, 66 L. Ed. 938. See, too, Riley v. Howes (C. C. A.) 24 F.(2d) 686, and Lum Man Shing v. United States (C. C. A.) 29 F.(2d) 500.

The first question is whether his claim is of this character. It had been accepted by the immigration officials on the admittance proceeding. It was supported in effect by the testimony of three witnesses, none of whom is directly contradicted or seriously…