Opinion
No. 2077.
January 26, 1927.
Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge.
John W. Schenck, Asst. U.S. Atty., of Boston, Mass. (Frederick H. Tarr, U.S. Atty., of Gloucester, Mass., on the brief), for appellant.
Joseph F. O'Connell, of Boston, Mass., for appellee.
Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.
This case concerns the admission to this country of a foreign-born son of Chung Jeng, a citizen of the United States. The Board of Special Inquiry not being satisfied that the applicant was the son of Chung Jeng, he was refused admission. In the District Court it was found that the applicant was denied a fair hearing by the board; that it acted in an arbitrary manner in arriving at its excluding decision. We think the conclusion reached by the District Court was right and that the decree discharging the applicant should be affirmed.
The decree of the District Court (13 F. [2d] 262) is affirmed.