Ex parte Bunji Une

This matter comes before the court on a petition for a writ of habeas corpus in behalf of Bunji Une, a Japanese and native of Japan. The petition alleges that the petitioner is restrained of his liberty by Walter E. Carr, District Director of Immigration for the port of Los Angeles.

The grounds upon which the petition is based may be reduced to two: First, that the evidence shows conclusively that petitioner entered the United States prior to July 1, 1924, and, five years having elapsed before the warrant was issued, he is not subject to deportation; and, second, that he was not accorded a full and fair hearing.

It is admitted that petitioner is ineligible for naturalization as a citizen of the United States; that he entered the United States clandestinely, without passport or unexpired immigration visa. On December 21, 1929, while traveling through Old Town, San Diego, Cal., he was apprehended by John H. Yan Treel, senior patrol inspector, taken to border patrol headquarters and questioned. He speaks very little English and was not examined through an interpreter. According to the report of inspector Yan Tree], he stated that he had entered the United States in the year “Taisho…