Carr

To reverse an order discharging order to show cause and dismissal of petition for writ and remanding petitioner to the custody of the immigration authorities for deportation, this appeal was prosecuted.

*298 Eight errors are assigned. All may be placed in two classes:

(a) Failure to disregard the United States Officer’s return to the writ and discharge the petitioner because the return did not specifically deny the allegations of birth of petitioner in the United States and pertinent allegations therein. The return does certify the “true cause of the detention of such party.” 28 U.S.C.A. § 457 . This particularly appears in the supplemental return (section 760, R.S. [28 U.S. C.A. § 460]) which the court was empowered to permit or even direct. Bieloszycka Case (U.S. ex rel. Bieloszycka v. Com’r), 3 F.(2d) 551, 552 (C.C.A.2). Tiberg v. Warren, 192 F. 458 (C.C.A.9). The return was traversed; an issue of fact was raised; appellant was not misled. He proceeded fully advised on the issue. The return is responsive to the petition for the writ. Knight v. Miles et al., 308 Mo. 538 , 272 S.W. 922 . In a habeas corpus case the issues are framed upon the return and denial without reference…