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NAGLE v. TOY YOUNG QUEN

No. 5106.

22 F.2d 18 (1927)

NAGLE, Commissioner of Immigration, v. TOY YOUNG QUEN.

Circuit Court of Appeals, Ninth Circuit.

October 24, 1927.

Attorney(s) appearing for the Case

Geo. J. Hatfield, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal., for appellant.

George A. McGowan, of San Francisco, Cal., for appellee.

Before HUNT, RUDKIN, and DIETRICH, Circuit Judges.

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 re-admission was in excess of authority; that petitioner applied for an overtime certificate within ample time to have permitted him to have returned to the...

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