Nagle

This is an appeal by the Commissioner of Immigration from an order of the District Court discharging Toy Young Quen, appellee, in a habeas corpus proceeding.

In his petition the appellee set up that the action of the Board of Special Inquiry and of the Secretary of Labor in denying readmission was in excess of authority; that petitioner applied for an overtime certificate within ample time to have permitted him, to have returned to the United States before the expiration of the second year period, and that the counsel at Hong Kong was misinstrueted by the State Department, which advised that the consul might determine the facts and dispose of the application for an overtime certificate ; that by reason of an infringement of his statutory right by the consul at ,Hong Kong, an overtime certificate was not issued; that afterward the consul was instructed with respect to his duty to investigate the facts and report them in a certificate; that the consul issued a certificate for the use of petitioner, and that petitioner arrived in the United States while the overtime certificate was in effect, and before the statutory limit of two years had expired; that he was prevented from…