Weedin

This is an appeal from an order denying an application for a writ of habeas corpus in an immigration case. The appellant applied for admission as a section 6 merchant on a certificate issued by the collector of customs at Manila, or, more properly speaking, a certified copy of such certificate. But two questions are presented by the record: First, was the certificate valid in law? and, second, was the certificate controverted, or the facts therein stated disproved? The appellant was bom in China, May 15, 1907, and resided there from birth until he emigrated to the Philippine Islands in 1925. His father was a Chinese and his mother a Filipina. Both parents resided in China at the time of his birth and, apparently, for several years prior thereto, because six older children, ranging in age from 20 years to 26 years, were all bom at the same place in China. The father continued to reside in China until his death, some 7 years after the birth of the appellant. Upon the death of the father, the mother returned to the Philippine Islands, leaving the appellant and her six other children in China. She died in the Philippines about 5 years after her return thereto.

The Act of April 29,…