Delgadillo

Appellee, being in the custody of appellant for the purpose of being deported to Mexico, the country of his birth, petitioned the trial court for a writ of habeas corpus. The writ was granted and after hearing ap-pellee was ordered discharged. From the order of discharge, appellant, to whom we shall hereafter refer as the Immigration Director, appeals.

It appears that appellee, a citizen of Mexico, was admitted to the United States for permanent residence in 1923. He continued to reside here until June 1942. During that month he shipped as a member of the crew of the American ship “Andrew Jackson”, then under the operational control of the United States Government, through the War Shipping Administration.

On July 12, 1942, the “Andrew Jackson” was torpedoed off the coast of Cuba. Ap-pellee was rescued and taken to Cuba, where he remained one week. He was then flown to Miami, Florida, and admitted to the United States in transit by immigra *132 tion officers for a period of not more than 30 days for the .purpose of reshipping foreign from San Pedro, California.

On March 27, 1944, in the Superior Court of Los Angeles County, California, appellee was convicted of second degree…