Nagle

This is an appeal by the Commissioner of Immigration from an order allowing a writ of habeas corpus and discharging the-petitioner from custody. Originally, the appellee was granted a hearing on the charge that he was an alien employed by, in or in connection with, a house of prostitution. After a number of hearings were had, extending over a period of about a year, there was added the further charge that he assisted a prostitute.

At the time of his arrest,, the appellee was discovered by immigrant inspectors in a *736 house of prostitution at Marysville, Cal. At that time the proprietress of the place made a statement to the effect that the appellee was employed in the place as a cook, and was paid $15 per week for his services. On the same occasion the appellee made a similar statement, except as to the wages received. The statements then made were afterwards repudiated by both the prostitute and the appellee, and we think it is clearly demonstrated by testimony from unquestionable sources that the statements as to his employment in the house of prostitution were utterly false; that the appellee was not a cook; that he was not employed as such; and that there was no one in the…