Fernandez

This is an appeal in a habeas corpus proceeding in which petitioner asks us to set aside an order of deportation. The only question before us is whether petitioner was accorded a fair hearing before the United States immigration officers.

The facts are these: Petitioner, Pedro Fernandez, a native of Spain and by occupation a laborer, entered the United States at Key West, Fla., October 25, 1922. On February 20,1925, at San Francisco, Cal., he was interrogated by an immigration inspector as to his right to be and remain in the United States. At that time petitioner was an inmate of the Relief Home for the Aged and Infirm, an institution supported by state, county, and municipal funds, where he had been since July 31,1924. It appears that he had also been an inmate of the same institu- • tion during the first four months of the latter year. Petitioner stated to the inspector that he had no money with which to pay for his maintenance, and was too weak and sick to earn a livelihood.

June 2, 192’5, the Secretary of Labor issued a warrant for petitioner’s arrest. This warrant charged that the latter had been found in the United States in violation of the Immigration Act of February 5,…