Appellant Lewis, on February 20, 1967, petitioned the District Court for a Writ of Habeas Corpus to order his release from the armed forces and prevent his removal from the jurisdiction of the Court. On the same day, the Court issued an Order to Show Cause. A Return to the Order to Show Cause and an Answer to the Petition for Writ of Habeas Corpus were filed on February 28, 1967. On that date, the present appellee was substituted for the original respondents. Later, supplemental pleadings were filed. After a hearing, the District Court, on April 13, 1967, denied appellant’s petition. Appellant filed a timely appeal.

This Court has jurisdiction under 28 U.S.C. § 2253 .

Appellant was born on September 15, 1942. He registered with the Selective Service System on September 26, 1960.

On August 1, 1962, appellant’s Local Board mailed him a Classification Questionnaire and he executed and returned it. In the Questionnaire appellant stated that he lived with his widowed mother, age 60 years; that she was “partially” dependent upon him; that he contributed $600 per year to her; that her other income was $1800 per year; and that his two brothers (one of whom lived with appellant and his mother) were capable of contributing to his mother. He further stated that “Both my brothers are capable of contributing to the support of my mother. It was not my intention to infer that she is entirely dependent on me since this is not the case.” Appellant was classified I-A on October 3,1963.

On March 27, 1964, appellant appeared, as ordered, for physical examination. He was found temporarily not acceptable because of braces on his teeth, and was classified I-Y.

In the meantime, appellant received another Dependency Questionnaire. In it appellant stated that he contributed approximately $175.00 per month to the support of his mother, but that “this amount varies. For example, it is considerably more when taxes and insurance are due.” He also stated that his mother’s other income was $1560.00 per year. In regard to his brothers, appellant said that neither could now contribute to their mother’s support. Appellant said that one brother “supports a wife and four children,” and that the other brother (then living in Virginia) was “heavily burdened with debts.” Both appellant and his mother remarked that his presence at home was necessary to its maintenance, and if she became ill, to her well-being. A doctor’s letter said that appellant’s mother was unable to work because of her physical condition.

On the basis of the Questionnaire, the Local Board classified appellant III-A (Registrant Deferred by Reason of Extreme Hardship to Dependent) on June 18, 1964, which status was subject to review within one year.

In June 1966, another Dependency Questionnaire was filled out by appellant wherein he stated that he contributed approximately $175.00 per month to his mother’s support, and more “when property taxes, insurance, etc. comes due.” He further stated that he had a gross annual income of $8500; that he lived with his mother in the family home and had monthly obligations in the amount of $400 for “Personal loan, groceries, taxes, doctor bills, utilities, gas, insurance, upkeep on home, etc.” Appellant stated that his mother received $1188 a year from Social Security and $700 from dividends, and:

The mother furnished a statement, saying:

After receipt of the Dependency Questionnaire, the Local Board requested appellant to present himself for an interview in order to clarify the information in his file.

On July 14, 1966, he was interviewed by the Board. Appellant stated that his father died in 1957 and left $8500 of insurance which his mother used to pay bills, and invested the balance. He said that his mother received $700 per year from the investment. When asked how long he had supported his mother, he stated that his mother put him through high school and then he started to work full time. He also stated that his mother owned the home clear, and that it contained two bedrooms; that he had two brothers, one of whom was unemployed, and the other had a wife and four children. When asked why his two brothers left him with the burden of supporting his mother, he replied that he always assumed responsibility and that his older brother would have helped if he had to.

On July 14, 1966, the Board reclassified appellant I-A.

On July 21, 1966, appellant requested permission to examine his file.

On July 29, the Local Board received another letter from the doctor stating that appellant’s mother was unable to work. On August 18, 1966, appellant appeared before the Board and stated that he couldn’t understand why his classification was changed when the situation had not changed. The Board informed appellant that he was not in position to question the authority of the Local Board in determining classifications. He stated that he contributed $175 per month towards his mother’s support and pays the property taxes of $418.00 a year.

The Board did not reclassify appellant from I-A but forwarded his file to the Appeal Board.

Appellant was ordered to report for physical examination on August 31, 1966, and was found acceptable for military service.

The Appeal Board reviewed appellant’s file and on December 22, 1966, he was classified I-A by unanimous vote. Appellant was thereafter ordered to report for induction on February 20, 1967.

Appellant wrote to the Board requesting a review of his case and cancellation of the induction order on the ground that his “back condition” disqualified him for military service, and stated “I realize that I should have handled my case along these lines over and above my dependency claim but I was ill-advised (not by the Selective Service) on this matter.”

The Board denied appellant’s request for postponement of his induction or reopening of his classification, and on February 20, 1967, appellant was inducted into the United States Army. On that day appellant filed with the District Court his Petition for Writ of Habeas Corpus. As previously noted, the District Court, following a hearing, denied the petition.

The District Court in its Findings of Fact and Conclusions of Law, found and concluded:

On this appeal, appellant first contends that his classification from III-A to I-A was without basis in fact, capricious, arbitrary, and contrary to law. This contention is developed as follows:

Appellant was classified III-A on June 18, 1964, based upon the information then before the Board, which we have previously summarized. Appellant remained in this status for slightly more than two years, when he was directed by the Board to file another Dependency Questionnaire. Appellant did so and made a personal appearance before the Board, both of which we have previously summarized.

On July 14, 1966, appellant was reclassified in I-A, based on the information supplied in the new Questionnaire, in the personal appearance, and in the prior record before the Board. The action of the Board in reclassifying appellant I-A was taken “without any evidence that appellant had misrepresented his case, and without any new evidence detracting from the merits of appellant’s case, * * and that such action was without “basis in fact.” In other words, appellant argues that the information before the Board at the time of his I-A classification established a prima facie case for a III-A classification.

Appellant relies on Dickinson v. United States, 346 U.S. 389 , 74 S.Ct. 152 , 98 L.Ed. 132 (1953). At page 396, 74 S.Ct. at page 157 the Court stated:

50 App. U.S.C. § 460(b) (3) (1964), makes decisions of Selective Service boards with respect to classifications “final.” Our inquiry is limited to the question of whether there is a basis in fact for the Board’s I-A classification. Estep v. United States, 327 U.S. 114 , 66 S.Ct. 423 , 90 L.Ed. 567 (1946); Cox v. United States, 332 U.S. 442 , 68 S.Ct. 115 , 92 L.Ed. 59 (1947); Witmer v. United States, 348 U.S. 375 , 75 S.Ct. 392 , 99 L.Ed. 428 (1955); deRozario v. Commanding Officer, Armed Forces Examining and Induction Station et al., 390 F.2d 532 (9th Cir. 1967).

We recognize that the mere fact that the Board reclassified appellant from III-A to I-A clearly does not compel a finding that the latter classification has no “basis in fact.” See 32 C. F.R. § 1625.1 (1967). No classification is permanent. The only question is whether the classification ultimately made has a “basis in fact.” See United States v. Domres, 142 F.2d 477 (7th Cir.), cert. denied 323 U.S. 723 , 65 S. Ct. 55 , 89 L.Ed. 581 (1944). See also deRozario v. Commanding Officer, etc., et al., supra.

Our task in this case is to determine from the record whether a “basis in fact” exists for the I-A classification, or, in the language of Dickinson, supra, 346 U.S. at page 396 , 74 S.Ct. at page 157 :

Our review of the record discloses that the facts before the Board are not in dispute, and that there is no significant difference between the facts before the Board when it classified appellant in III-A in 1964 and when it reclassified him in I-A in 1966. In fact, we believe that the information before the Board in 1966 strengthens appellant’s claim to a III-A classification. We are satisfied that appellant established before the Board a prima facie case for a III-A classification. We have been unable to find any proof in the record that is incompatible with appellant’s claim to such classification.

The government contends that there is, in the record, a basis in fact for the I-A classification. Excerpts from the government’s brief are:

The record discloses that appellant’s mother was age 64 at the time of the reclassification. Under date of March 16, 1964, her doctor advised the Board that:

Her total gross annual income was $1888.00 consisting of annual dividends in the amount of $700, and Social Security payments of $1188. .From this •amount she was required to pay property taxes of $418 a year, insurance premiums, utility bills, medical expenses, and care and maintenance of a thirty-five year old home, all of which approximated one-half of her total gross income, leaving approximately $900 a year, or $75 per month, for food, clothing and incidentals.

The government’s suggestions that she might mortgage her home, or delve into her meager investment, do not supply convincing proof in the record that is incompatible with the prima facie case established by appellant.

Although the record shows that appellant worked “part time” following his father’s death in 1957 until appellant completed high school in 1960 or 1961, the government’s suggestion that the mother managed to put appellant through high school without financial assistance from appellant, does not establish that appellant’s financial and other assistance was unnecessary for her support and maintenance after appellant started to work full time in 1960 or 1961. It is reasonable to infer from the record that appellant made some contribution to the support of his mother from the remuneration that he received from his “part time” work during the high school years. Furthermore, it is a matter of common knowledge that a mother will scrape and sacrifice, if necessary, in order that a son may complete his high school education.

The fact that appellant’s mother was not bedridden at the time of the reclassification in July 1966 is not incompatible with appellant’s proof before the Board that her age, and chronic condition of poor health were such that she required care and attention of another person even when not bedridden. In writing is the doctor’s statement that the mother had been a long time patient of his and that she suffered from the infirmities set forth in his letter.

The fact that appellant never submitted affidavits from his brothers of their inability to financially contribute to the support of their mother does not impugn the proof submitted by appellant of their inability to do so. If the Board doubted the proof submitted, the Board could have, as stated in Dickinson supra, 346 U.S. at pages 396 and 397, 74 S.Ct. at 157 :

We do not believe, as suggested by the government, that the Board could properly determine from the record before it, that the $175.00 per month contributed by the appellant to his mother’s support was in the nature of a payment by him for room and board. The relationship between appellant and his mother, as disclosed by the record, was not that of a lodge-keeper and a boarder, but on the other hand was that of a relationship between a mother and a son who was endeavoring to assist his mother in continuing to live in her own home.

Under the rationale of Dickinson, supra, we are unable to agree with the government that a basis in fact exists for appellant’s I-A classification. In our view such classification is based on suspicion and speculation.

We deem it unnecessary to consider other alleged errors urged by appellant.

The order of the district court is reversed and the cause is remanded for such further proceedings as may be appropriate.