Taranto

Reversal of an order of deportation is sought.

Appellant claims to have been legally admitted into the United States for permanent residence October 14, 1923, at the Port of New York and never departed, except certain voyages he has made to foreign ports as a member of the crew of a foreign vessel. That he is not in the United States in violation of the Immigration Act of 1924.

It is fully established that petitioner is an alien and was a seaman on board of the steamship Livenza arriving in the United States in January, 1931. That he deserted the vessel. That he had no immigration visa. The law of the United States, 8 U.S.C.A. § 204 (b), classifies aliens previously lawfully admitted to the United States, returning from a temporary visit abroad as nonquota immigrants, and prohibits the admission of any alien not possessed of an immigration visa, except in such classes and under such conditions as may be by regulation prescribed, who have been legally admitted and who departed temporarily ( 8 U.S.C.A. § 213 (b). The regulations require that all aliens shall present to the proper immigration official a valid, unexpired visa, except where it satisfactorily appears that the alien…