Opinion
No. 2254.
October 23, 1928.
Appeal from the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge.
Petition by Chiu Ging Wah against Anna C.M. Tillinghast for habeas corpus to obtain the release of petitioner from the custody of the Bureau of Immigration. Petition denied, and petitioner appeals. Decree affirmed.
The following is the opinion of the District Court:
"This is a petition for writ of habeas corpus to obtain the release from the custody of the Bureau of Immigration of Chiu Ging Wah, who is conceded to be a son of a merchant whose status is established.
"The only question presented is whether the son, at the time of his arrival, was a minor. This is a question of fact upon which the decision of the administrative authorities is final if there is any substantial evidence upon which the decision can be based. I think there is such evidence. The father on two occasions in 1911 gave the birth date and age of the son, and if his statements then made were to be believed the son, at the time of his arrival, was more than 21 years of age. The Department, in view of these earlier statements, was not satisfied that the son was a minor.
"The excluding decision of the Board of Special Inquiry has been affirmed on appeal. An application for rehearing has been duly considered by the Department of Labor at Washington and the application denied. The case was submitted upon the original files of the Department. I find nothing in them which leads me to think that the son has not been accorded a full and fair hearing.
"Petition denied."
Joseph F. O'Connell, of Boston, Mass., for appellant.
John W. Schenck, Asst. U.S. Atty., of Boston, Mass. (Frederick H. Tarr, U.S. Atty., of Boston, Mass., on the brief), for appellee.
Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.
For the reasons set forth in the opinion of the District Court, the decree of the District Court is affirmed.