Nagle

This is an appeal from an order granting a writ of habeas corpus and discharging the petitioner from the custody of the immigration authorities. The appellee was denied admission to the United States by the immigration department because of certain discrepancies in the testimony offered in support of his application for admission, the more important of which are found in the testimony given by the alleged father of the appellee at different times during the past twenty-five years. The right of admission was based on a claim of citizenship, and the citizenship of the alleged father was conceded.

The appellee was born in September, 1903, and in the July previous, on his return from a trip to China, the alleged father testified that he was not then married. In 1908 he testified that he was married in 1888, and that the name of his wife was Hong Shee. In 1910 he testified that her name was Jin Shee; in 1913, that her name was Hong Shee, and that she belonged to the Hong family; in 1917, that her name was Hung Jin Shee, and that she belonged to the Jin family; and, finally, in 1929, that her name was Hong Shee. In 1910 he testified that his wife had bound feet, and at other times that…