Ex parte Kuther
Opinion
Lead Opinion
Cosgiíave, J.
Habeas corpus to Walter E. Carr, District Director Immigration Service, District No. 1, Department of Labor, in Los Angeles, on behalf of Max Kuther.
Petitioner is an alien, a citizen of Germany, and alleges that he last entered the United States on September 1,1924, and has been an inhabitant and resident ever since. That he is restrained of his liberty by respondent, and the sole reason of his restraint is a warrant issued by the Secretary of Labor directing his deportation solely for the reason that he remained in the United States for a longer time than is permitted under the immigration laws.
He charges that there is no evidence to sustain the findings upon which the warrant is based. That the findings are insufficient in that he has been domiciled continuously in the United States for more than five years prior to the institution of deportation proceedings, he having entered on September 1, 1924, and the proceedings were not instituted until September 20, 1930. Other grounds are stated in the petition, but are not urged on the hearing. In support of his petition he cites section 19 of the Immigration Act of February 5, 1917 (8 USCA § 155).