Laeson

This is an appeal from an order discharging a writ of habeas corpus and remanding Paul S. Laeson to the custody of the immigration authorities for deportation.

Appellant is a subject of Yugoslavia, 33 years of age, and claims he first came to the United States in the spring of 1914 or 1915 on the steamship Constantine and that he was at that time regularly admitted through Ellis Island for permanent residence in the United States. He claims to have resided continuously in the United States since his original entry, but admits that he made a short trip into Canada' on September 28, 1925. Appellant was ordered deported by order of the Secretary of Labor dated October 26, 1932, for the reason that the said appellant “landed at the port of Niagara Palls, N. Y., on or about the 28th day of September, 1925, has been found in the United States in violation of the immigration act of 1924, in that at the time of his entxy he was not in possession of an unexpired immigration visa.”

It is conceded that, if petitioner had previously lawfully entered the United States and was residing therein, he was not required to have an immigration visa upon re-entry from a temporary absence in Canada. 8…