Bryan

The Secretary of Labor having issued a warrant of deportation against appellant, appellant petitioned the District Court of the United States for the District of Hawaii for habeas corpus. Upon the return of the writ, the director of immigration reported that he was holding the petitioner on a warrant for deportation.

It appears that appellant was charged with having in his possession 2-90 grains of smoking opium which had been imported into the United States, and with having in Iris possession 29-0 grains of smoking opium in a package to which there was not then and there affixed the tax-paid stamp required by law; that he pleaded guilty to the charge; that the plea was entered in pursuance of an arrangement or stipulation with the United States attorney that the recommendation would he made to the court against the deportation of the prisoner; that such a recommendation was made; that the trial judge sentenced appellant to a term of six months on one count of the indictment, and placed him on probation for a period of three years on the other count; and that the judge of the District Court at the time of imposing sentence recommended and directed in pursuance of 8 USCA § 155-,…