Nagle

Appellant, a citizen of China, was first admitted to the United States from Canada on September 11,1923, as a merchant. Soon thereafter, he contends, he entered business as a merchant at San Francisco and has *845 maintained such status down to the present time. On May 21,1927, he went to China for a temporary visit, and on his return, in April, 1928, he was admitted under a re-entry permit, issued to him at the time of his departure pursuant to the provisions of the Immigration Act of 1924 (section 10, 43 Stat. 158 , 8 USCA § 210). As the result of an investigation made shortly thereafter, he was, on June 4, 1928, arrested for deportation under a warrant issued by the Secretary of Labor, and after hearings before the immigration authorities held in due course, he was ordered deported on the ground that his re-entry in 1928 was unlawful, in that his original entry in 1923 had been effected by means of a merchant’s or section 6 certificate fraudulently procured. The reasoning of the immigration officers was and is that a reentry permit, such as was given appellant in 1927, may be legally issued only to one who has been lawfully admitted. See 8 USCA § 210(b). This section confers…