Greco

This is an appeal from an order denying appellant’s petition for a writ of habeas corpus. Appellant is a subject of Italy and has been a resident of this country for a period of approximately twenty years. September 11, 1930, he was arrested by an immigration inspector at San Francisco and questioned. The following day a warrant for the arrest of appellant was issued by the Secretary of Labor, reciting: “That he is a member of the Communist party of the United States of America, an organization that believes in, advises, advocates, and teaches the overthrow by force or violence of the government of the United States, and which circulates, distributes, publishes and displays printed matter, advising, advocating, and teaching the overthrow by force or violence of the government of the United States.”

October 1,1930, a hearing was conducted by the immigration inspector who made the application for the warrant of arrest. Appellant was represented by counsel and testimony was taken for the purpose of showing that he was in the United States in violation of the Immigration Act of 1918, as amended by the Act of 1920' (8 USCA § 137). The evidence tended to show that appellant, although…