Nagle

The District Court, holding that the petition for writ of habeas corpus presented on behalf of Chung Que Fong, a native of China, considered in connection with the record of deportation proceedings, did not disclose facts sufficient to warrant the issuance of the writ, dismissed the petition. The alien appealed.

At the time of the filing of the petition for the writ, the Commissioner of Immigration at San Francisco held a warrant issued by the Secretary of Labor requiring that the alien he returned -to his native country. This warrant of deportation was issued by the Labor Department, claiming to act in a case appropriately shown under section 2 of the Nareotie Drugs Import and Export Act, as amended (which for brevity will be hereinafter termed the Nareotie Act). 42 Stat. 596 (Comp. St. Ann. Snpp. 1923, § 8801).

Appellant was admitted into the United States on August 29, 1909. Judgment of imprisonment and fine for violation of the provisions of the act cited was entered first on May 1,1924, and amended on June 13, 1924. The validity of the judgment as amended is not in question. Appellant makes two contentions against the correctness of the court’s action in dismissing his…