Ex parte Keizo Shibata

Petitioner is held by the immigration officers under authority of a warrant of the Secretary of Labor requiring that he be returned to Japan, his native country. By this proceeding petitioner seeks to be discharged from that custody on the ground that the warrant of deportation was illegally issued, stating his principal grounds as follows: (1) That the finding of the Secretary of Labor does not support the warrant of deportation, “because it is in the alternative, and therefore void”; (2) that the proceedings were unfair, in that a charge not included in the ones first lodged against the alien was preferred after the conclusion of the hearing, of which his counsel was not advised in time to be prepared to meet it; (3) that there was no evidence produced to support the warrant of deportation. The further ground that deportation action was barred by limitation of time was abandoned by the alien, in view of the holding in Lauria v. U. S. (C. C. A.) 271 F. 261 .

The deportation warrant recites that the alien “has been convicted or admits the commission of a felony or other crime or misdemeanor involving moral turpitude, to wit, perjury, prior to entry into the United States.” On…