Weedin v. Tso Yue

RUDKIN, Circuit Judge.

This is an appeal by the Commissioner of Immigration from an order discharging the appellee on habeas corpus. The application for admission was based on a section 6 merchant certificate issued by the consular representative of the United States at the port of departure. The certificate itself was in due form, and the identity of the appellee as the person therein named was fully established. The immigration authorities’ denied admission, however, upon two grounds: First, because the exempt status was not established; and, second, because the admission of the appellee was…