Barber

Appellee, who was born in the Philippine Islands in 1914, was admitted to the Hawaiian Islands for permanent residence in 1931. On March 22,1935, he arrived in continental United States but was excluded from admission by a Board of Special Inquiry as a stowaway. He was placed aboard a steamship for deportation to the Hawaiian Islands but escaped from the vessel on April 6, 1935 and made his way into continental United States where he has been physically present ever since except for temporary absences in pursuit of his calling as a seaman on American vessels.

On November 22, 1947 appellee arrived at Norfolk, Virginia from a foreign port, seeking admission as a resident alien seaman returning to the United States. He was detained and accorded a deportation hearing by a hearing examiner for the Immigration and Naturalization Service. A warrant for his deportation was issued on November 29, 1950 charging that at the time of his entry at Norfolk he was not in possession of a valid immigration visa and not exempted from its presentation. While he was in custody pending deportation he filed a petition for writ of habeas corpus in the court below. That court held that appellee is a…