Kishan Singh v. District Director of Immigration

This appeal is from an order of the District Court of the Unite'd States for the Northern District of California denying appellant’s petition for a writ of habeas corpus. Appellant is held on a warrant of the Secretary pf Labor directing his deportation to India under the Immigration Act of 1924 approved May 26, 1924 and effective July 1, 1924 (chapter 190, § 14, 43 Stat. 162 , 8 U.S. C.A. § 214).

Appellant arrived at San Francisco February 23, 1924 on the steamship President Lincoln in transit to Mexico. He claims that he re-entered the United States from Mexico in April, 1924, and that having re-entered prior to the effective date of the Immigration Act of 1924 authorizing his deportation, the action of the immigration authorities is erroneous. Appellant predicates his claim of error upon the admission in evidence of six affidavits from six persons in Mexico all stating that petitioner was in Mexico after the 1st of July, 1924. That these affidavits were admissible in such a proceeding is well settled. Wong Back Sue v. Connell (C.C.A.) 233 F. 659, 664 ; United States v. Uhl (C.C.A.) 266 F. 34 ; 39; Ghiggeri v. Nagle (C.C.A.) 19 F.(2d) 875 ; Imazo Itow v. Nagle (C.C.A.) 24…