Cahill

In March of 1931 appellant applied to the immigration authorities for a citizen’s return certificate. The application was denied by the local officials of the immigration service. His appeal to the Secretary of Labor was dismissed. Whereupon appellant departed for China and, upon his return therefrom, made application for ad *976 mission to the United States as a native-born American citizen, which application was denied by a board of special inquiry. His appeal to the Secretary of Labor was dismissed.

Being in custody for deportation following such dismissal, he sought discharge by petition for a writ of habeas corpus. His petition was denied by the court below, and he appeals from the order denying the petition.

In support of his application for entry, appellant submitted his own testimony and “two discharge certificates.” Appellant first appeared before the immigration authorities at Portal, N. D., in September, 1910, where he testified that he was born in San Francisco, Cal.; that when he was eight or nine years old, he was taken to China by his parents; that he returned to the United States when he was thirteen. or fourteen years of age; and that he had thereafter been…