Opinion · Court of Appeals for the Second Circuit
United States ex rel. Him v. Reimer
United States ex rel. Him v. Reimer, 115 F.2d 241 (2d Cir. 1940)
- Type
- Opinion
- Court
- Court of Appeals for the Second Circuit
- Jurisdiction
- Federal
- Date
- 1940-11-04
- Topic
- general
PER CURIAM. The applicant has been excluded from admission to the United States because he failed to prove his citizenship. He asserted that the relator, concededly a citizen, was his father; and the question, as always in these cases, was whether the proof was so indisputable that a denial of his paternity could only have proceeded from an entire disregard of the evidence, and an arbitrary disposition not to hear the case upon the merits. The witnesses were examined in great detail as to the Chinese village from which they came, but their testimony developed no substantial inconsistencies. The Board excluded the applicant chiefly because he appeared to them to be older than he could have been, if he was to be the relator’s son.
Citator
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- Cited by
- 3 opinions
Proceeding by the United States, on the relation of Mark Guey Him, against Rudolph Reimer, Commissioner of Immigration, for a writ of habeas corpus to review the exclusion of a Chinese person from the United States. From an order dismissing the writ, relator appeals.
Affirmed.
John T. Cahill, U.S. Atty., of New York City (Jerome H. Doran, of New York City, of counsel), for appellee.
The case falls within our ruling in United States ex rel. Fong On v. Day, 2 Cir.,54 F.2d 990; indeed it is weaker for the applicant, because here the Board did not rely merely upon the surgeons' certificate, but also, as we have already said, upon the testimony of one of those who had signed it. The issue was not so clear that persons, honestly disposed to decide it on the merits, must have concluded that the applicant was the relator's son.
Order affirmed.