Weedin

This is an appeal by the Commissioner of Immigration from an order discharging the appellee on habeas corpus. The application for admission was based on a section 6 merchant certificate issued by the consular representative of the United States at the port of departure. The certificate itself was in due form, and the identity of the appellee as the person therein named was fully established. The immigration authorities’ denied admission, however, upon two grounds: First, because the exempt status was not established; and, second, because the admission of the appellee was forbidden by section 13c of the Immigration Act of 1924 (Comp. St. § 4289¾ff).

The latter ground was not pressed on the argument, in view of the decisions of this court in Weedin v. Wong Tat Hing (C. C. A.) 6 F.(2d) 201 , Weedin v. Loi Han (C. C. A.) 6 F.(2d) 203 , and Dang Foo v. Weedin (C. C. A.) 8 F.(2d) 221 . So that, unless the consular certificate was successfully controverted, or the facts therein stated disproved, the order of the court below should be affirmed.

It is contended by the government that the certificate was controverted by reason of certain discrepancies in the testimony of the appellee and…