Marty

This is an appeal from an order denying a petition for a writ of habeas corpus. July 3, 1922, the appellants, husband and wife, were admitted to the United States for a period of three months under the provisions of section 2(a) (4) of the Act of May 19, 1921, 42 Stat. 5 . They remained in the United States continuously thereafter until June 4,1927, at which time the Secretary of Labor issued a warrant for their arrest, the warrant reciting that they had entered the United States without being admitted and charged to the quota allowed to the country of which they were natives, for the fiscal year ended June 30,1923. A hearing was thereafter given the appellants, and under date of October 14, 1927, a warrant for their deportation issued, containing the same recitals as the warrant of arrest, and directing that the appellants be returned to Australia, the country whence they came. The warrant contained this further provision:

Later the appellants made a request that they be given until March 15-, 3928, to depart voluntarily, and on January 16, 1928, this request was granted. March 8, 1928, a further extension was given until July 1, 1928. June 3.2, 1928, a request for cancellation…