Ex parte Fukumoto

Appellant is a person of the Japanese race, born in Japan. He was ordered deported by the Secretary of Labor on the following grounds: (a) That he is in the United States in violation of the Immigration Act of 1924 in that he was not, at the time of entry, in possession of an unexpired immigration visa, (b) That he is in the United States in violation of the Immigration Act of May 26, 1924, in that he is an alien ineligible to citizenship, not exempted by paragraph e, section 13 thereof (8 USCA § 213(c), from the operation of said act. (c) That he entered in violation of rule 7 of the Immigration Rules.

Appellant filed a petition in the District Court for a writ of habeas corpus, alleging in substance that he had been in the United States continuously for ‘a period in excess of *619 five years immediately preceding the institution of deportation proceedings, that there was no evidence to sustain the warrant of deportation, and that he was not given a fair hearing. The District Couit made its order discharging the writ and remanding petitioner to the immigration authorities for deportation, from which order this appeal is taken.

Appellant specified several errors in his…