Ex parte Fragoso

This is a proceeding on habeas corpus for the dismissal of the petitioner from the custody of the Immigration Service.

It appears from the petition and the return thereto that the petitioner is an alien, a citizen of Mexico; that on or about the 5th day of February, 1925, he went to Mexico, through the port of Tia Juana; that at that time he had resided in the United States for several years; that on the evening of the same day he returned to the United States surreptitiously at a point other than a regular port of entry, to wit, about three miles west from the port of Tia Juana; that he so crossed surreptitiously in the act of smuggling into the United States an inadmissible alien, by the name of Paola de Vivo; while conveying the said inadmissible alien into the interior of the United States, petitioner was apprehended by immigration officers; that subsequently he was indicted on the charge of unlawfully smuggling an alien into the United States; that he entered a plea of “guilty” to the. charge, and was sentenced to nine months’ imprisonment in a county jail in this district; that, when he was about to leave the said jail, he was apprehended by immigration officers and…