Nagle v. Quen

HUNT, Circuit Judge.

This is an appeal by the Commissioner of Immigration from an order of the District Court discharging Toy Young Quen, appellee, in a habeas corpus proceeding.

In his petition the appellee set up that the action of the Board of Special Inquiry and of the Secretary of Labor in denying readmission was in excess of authority; that petitioner applied for an overtime certificate within ample time to have permitted him, to have returned to the United States before the expiration of the second year period, and that the counsel at Hong Kong was misinstrueted by the State Department,…