Barber

Appellant moves for bail pending an appeal from an order of the district court denying an application for a writ of ha-beas corpus and discharging an order to show cause previously issued. Appellee has filed a counter motion seeking the dismissal of the appeal on the ground that the action below was premature. Appellant sought the writ to test the validity of his detention by the Immigration and Naturalization Service, hereafter the Service, at a port of entry pending exclusion hearings. He claims a right to enter the United States as a citizen thereof.

The affidavit of Yee’s counsel alleges that an application was made to the American consul at Hong Kong for recognition of his claim to citizenship in 1949. On May 26, 1953, the claim was recognized and on July 1, 1953, a passport was issued. On August 20, 1953, the Secretary of State invalidated and revoked the passport theretofore issued. On arrival in the United States on August 27, 1953, Yee was detained by officers of the Service and is still held at the Immigration Station in San Francisco. On September 15, 1953, appellant’s application for writ of habeas corpus was filed in the district court below. On September 17, 1953,…