Ex parte Yoshinobu Magami

Petitioner is a Japanese person and a subject of Japan. He entered the United States on August 10, 1924, unlawfully, and has since remained in the country. He was arrested by the immigration officers about July 29, 1930, under the charge that he was an alien, ineligible to citizenship, not exempt, and that his presence in the United States was in violation of the Immigration Act of 1924 (8 USCA § 201 et seq.). After hearing had, a warrant of deportation was duly issued.

There is no dispute as to the facts stated. The sole contention of petitioner is that having been in the United States for a period in excess of five years, he cannot be deported. The law under which the deportation was ordered is that of May 26,1924, codified as section 214, title 8, USCA. That section -in its material parts reads as follows:

“Any alien who at any time after entering the United States is found to have been at the time of entry not entitled under this subchapter to enter the United States, or to have remained therein for a longer time than permitted under this subchapter or regulations made thereunder, shall be taken into custody and deported in the same manner as provided for in sections 155 and…