This is a petition for a writ of habeas corpus by the next friend of an alleged alien, Lee Hip Chee, detained for deportation. It raises two substantial issues: whether Lee Hip Chee is in fact a citizen of the United States, as he claims, and whether he is being denied due process by arbitrary action of the Commissioner of Immigration and Naturalization.
Upon the first question, Lee Hip Chee is entitled to a judicial trial on the issue of alienage in a habeas corpus proceeding. Ng Fung Ho. v. White, 259 U.S. 276, 42 S. Ct. 492, 66 L. Ed. 938. Accordingly, a hearing was first held on September 9, 1947, and, on request of petitioner's counsel for leave to introduce further evidence, again on November 25, 1947. I think it unnecessary to discuss the evidence in detail other than to point out that it is legally sufficient to support the conclusion reached. See Bridges v. Wixon, 326 U.S. 135, 153, 65 S. Ct. 1443, 89 L. Ed. 2103, note 8 and cases there cited; Cf. United States v. Tod, 2 Cir., 290 F. 78. In these cases, determining the facts to which the law is to be applied is sometimes difficult. I do not think that the difficulty is lessened or the conclusion strengthened by minute discussion of each bit of evidence introduced by the petitioner or by the government. It is the over all finding that counts, and mine is that Lee Hip Chee was not born in the United States and that he is not a citizen of this country.