Burnett

Appellant, a member of the Japanese race, a native and subject of Japan, and a laborer by occupation, was lawfully admitted to the territory of Hawaii, at Honolulu, in February, 1906, by virtue of a passport issued to Mm by the Japanese government, limited to Hawaii. Thereafter, in the same year, or in the following year, he came to the continental United States, disembarking at San Francisco, Cal., and, according to bis testimony, landed without questioning or investigation by the immigration officials as to his right to come here. Since that time he has resided in the United States continuously; save for two visits, .of one day each, to Tia Juana, Mexico, respectively, April 9, 1928, and January 20,1929. Based upon this latter visit to Mexico and re-entry into the United States, deportation proceedings were instituted against Mm, and he was ordered deported on the grounds (1) that he entered the UMted States in violation of section 13 (a), of the Immigration Act of 1924 ( 8 USCA § 213 (a), in that he was not, at the time of his entry, in possession of an unexpired immigration visa; (2) that he entered the United States in violation of rule 8 .of the Immigra/tion Rules, which…