Kamiyama

This is an appeal from an order of the District Court discharging a writ of habeaseorpus applied for by the appellant and remanding him to the immigration authorities-for deportation under warrant therefor issued by the Secretary of Labor on June 21,. 1929. The warrant of deportation was issued, upon the ground that the appellant has no immigration visa, is not eligible to citizenship, and is in the United States in violation of the law. It is admitted that the appellant entered the United States surreptitiously and. is subject to deportation, unless such deportation is barred by reason of the fact that he entered the United States previous to July 1, 1924. Immigration Act of 1924, 43 Stat. 153 , 169, § 31(e). The appellant was questioned as to his right to be in -the United States by an immigration inspector on the 17th of November, 1928, and was thereupon arrested and held in custody pending the application for telegraphic warrant, which was issued two days later, November 19,1928.

On November 17th, after his arrest, the appellant stated, among other things, that he was thirty-seven years old; that he entered the United States February 13, 1920, near Calexico; that he worked…