Burnett

Appellant is a native and subject of Japan, and was ordered deported by the Secretary of Labor on the following grounds: (a) That he is in the United States in violation of the Immigration Act of 1924 (8 US CA § 213 (a), in that at the time of his entry, he was not in possession of an unexpired immigration yisa; and (b) that he is in the United States in violation of the Immigration Act of 1924, in that he is an alien ineligible to citizenship and is not exempted by paragraph (e), section 13, thereof (8 USCA § 213 (e).

Appellant filed a petition in the District Court for a writ of habeas corpus alleging, in substance, that his deportation was barred by the provisions of section 19 of the Immigration Act of 1917 (8 USCA § 155), that there was no evidence to sustain the warrant of deportation, and that he was not given a fair hearing. From the order of the District Court of the United States dismissing his writ of habeas corpus and remanding him to the custody of the Immigration Service appellant brings this appeal.

Appellant admits that he is of the Japanese race, and that at the time of his entry he was not possessed of an immigration visa. He also admits that he entered the…