Nagle

The Commissioner of Immigration has appealed from an order of the District Court discharging Won Bing Jung in habeas corpus proceedings.

The petitioner set forth that he arrived at San Francisco on October 20, 1926, applied for readmission as a returning Chinese laborer holding a laboror’s return certificate; that while in China he remained over a period of one year within which he should have returned to the United States, and procured an overtime certificate extending the time of his return for a period of a second year from the date of his departure; and that he returned within the second year period of one year, but that he was denied the right of readmission and was -ordered to return to China. It is alleged that the action of the authorities was in excess of the power committed to them. Petitioner sets forth the substance of section 7, Act Sept. 13,1888 ( 25 Stat. 47 6 [8 USCA § 277]), and avers that disrupted traveling conditions in China made it practically impossible for him to reach Hong Kong without the greatest risk to life and limb, but that these grounds were not considered as a disability beyond the control of petitioner.

The immigration records were made a part…