Ex parte Mayemura
Opinion
Lead Opinion
Sure, J.
This is an appeal from an order of the District Court discharging a writ of habeas corpus and remanding appellant to the immigration authorities for deportation. The facts of the ease are similar to those in Ex parte Seisuke Fukumoto (C. C. A.) 53 F.(2d) 618 , decided this day, and the authorities cited therein affirming the judgment apply with equal force here.
Appellant is a native and subject of Japan. He was arrested, and after a hearing was ordered deported by the Secretary of Labor upon the grounds: That he is in the United States in violation of the Immigration Act of 1924, in that, at the time of his entry, he was not in possession of an unexpired immigration visa; 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 and is not exempted by paragraph (e), section 13, thereof 8 US CA § 213 (c); that he is in the United States in violation of the Act of February 5, 1917 (§ 19 [8 USCA § 155]), in that lie entered by land at a place other than a designated port of entry for aliens; that he entered in violation of rule 7 of the Immigration Rules of July 1,1927.