Canciamilla

This is an appeal from an order denying appellant’s petition for a writ of habeas cor *876 pus. Appellant is a native and citizen of Italy, fifty-three years of age. He first came to the. United- States in 1896, and has resided here continuously since that time, save for two trips to Italy, in 1902 and 1928. Upon his return from his second trip, in December, 1928, he was admitted as an alien who was previously lawfully domiciled here and was returning from a temporary visit abroad. In May, 1930, he was committed to the Stockton State Hospital, at Stockton, Cal., as an epileptic. June 12, 1931, he was ordered deported to Italy on the ground:

The order of deportation.is based upon section 3 of the Immigration Act of February 5, 1917 (8 USCA § 136), which provides that the following classes of aliens shall be excluded from admission into the United States: “All idiots, imbeciles, feeble-minded persons, epileptics, insane persons; persons who have had one or more attacks of insanity at any time previously. * * * ” And upon section 19 of the Act (8 USCA § 155), which provides that: “At. any time within five years after entry, any alien who at the time of entry was a member of one or…