Haff

This is an appeal from an order granting a petition for a writ of habeas corpus and dis *627 charging appellee from the custody of appellant.

Appellee, a native Chinese, sought admission to the United States as the son of Der Wai, whose American citizenship is coneed-ed. The alleged father was married in January, 1916, while on a visit to China, and returned here in May of that year. Appellee, now about seventeen years of age, is alleged to be the offspring of that marriage, and was mentioned as such by the alleged father before the immigration authorities in May, 1922, upon his return from a second trip to China, and again in May, 1929, upon his return from a third trip.

After a hearing upon the question of the claimed relationship, the immigration authorities were not satisfied that appellee is the son of Der Wai, the alleged father, and denied his application for admission. Upon appeal to the Secretary of Labor, the order of exclusion was affirmed. Thereafter habeas corpus proceedings were instituted, and the District Court being of opinion that appellee was illegally restrained of his liberty, ordered his release; followed by this appeal.

Certain discrepancies in the…