Ex parte Cahan

It is considered unnecessary to review in detail the facts of this proceeding. Suffice it to say that the alien Cahan petitions for his release through the writ of habeas corpus from an order of deportation issued against him by the Secretary of Labor, after appropriate hearings before the immigration officers and the Secretary of Labor. It was found by the immigration authorities that the petitioning alien had unlawfully entered the United States at San Ysidro, Cal., on or about May 1, 1929, in violation of the Immigration Act of February 5, 1917 (8 USCA § 155), and the similar Act of 1924 (8 USCA §§ 213, 214), in that he entered our country at said time without inspection, and that, at the time of his entry, he was not in possession of an unexpired immigration visa.

It is contended that his unlawful entry at said time was not proven by any competent evidence, and, further, that he was not accorded a fair hearing by the immigration authorities. In my opinion, neither of said contentions is sufficiently sustained by the record, which consists of the original file of the proceedings before the immigration officers, or by applicable decisions of the federal courts. It has been so…