Nagle

This is an appeal from an order denying a petition for a writ of habeas corpus in a deportation *368 proceeding. The appellant concedes that the order of deportation is supported by competent testimony if she is in fact an alien and subject to deportation, but she earnestly insists that she is a citizen of the United States, by reason of the citizenship of her father, and that she offered competent testimony in support of her claim, sufficient, if believed, to entitle her to a finding of citizenship. If the record supports her in this contention, she was entitled to a judicial trial of the question of citizenship, and the order of' deportation was in excess off jurisdiction and void.

In Ng Fung Ho v. White, 259 U. S. 276, 282 , 42 S. Ct. 492, 494 ( 66 L. Ed. 938 ) the court said: “The constitutional question presented as to them is: May a resident of the United States who claims to be a citizen be ■ arrested and deported on executive order? The proceeding is obviously not void ab initio. United States v. Sing Tuck, 194 U. S. 161 [ 24 S. Ct. 621 , 48 L. Ed. 917 ]. ‘ But these petitioners did not merely assert a claim of citizenship. They supported the claim by evidence sufficient,…