Jose Dias De Souza v. Bruce G. Barber, Director of Immigration and Naturalization

This is an appeal from an order denying a writ of habeas corpus sought by appellant alien upon being taken into custody by respondent pursuant to an order of deportation.

Appellant deSouza was born in Portugal on June 4, 1909 and was admitted for permanent residence in the United States in either 1912 or 1916. On February 19, 1929, after conviction, upon his plea of guilty, he was sentenced to one to fourteen years in the state prison in San Quentin for issuing a bad check with intent to defraud. He entered San Quentin on March 12, 1929. On March 14th he signed a statement containing the admission that he left the United States in February, 1926, going to Mexico, and that he entered the United States at Cal-exico, California on the same date, without inspection. A transcript of a “record of investigation” conducted at San Quentin on May 14, 1929, by a U. S. Immigration Inspector contains a similar admission.

On June 7, 1929, a warrant of arrest was issued charging that appellant had been found in the United States in violation of the Immigration Act of February 5, 1917, for the reason that he had been sentenced to imprisonment for a term of one year or more because of a…