Carr

Kishan Singh v. Carr

Good Law
88 F.2d 672
United States Court of Appeals for the Ninth CircuitMarch 8, 1937No. 8308California2,630 words

Opinion

Lead Opinion

Garrecht, J.

The appellant was born in Pubhana, Ludhiana District, in Punjab, British East India. He is a Hindu of the Sikh caste, and belongs to the Pubhana Tribe. He asserts *674 that he last entered the United States in June, 1923, from Mexico, at a point two or three miles west of Mexicali, Lower California, Mexico, and Calexico, California, and that from the time of his entry until May, 1932, he resided in Northern California, Utah, Nevada, and Wyoming.

On the other hand, an assistant to the United States Secretary of Labor, on August 3, 1934, issued a warrant of arrest against the appellant, in deportation proceedings, alleging that the appellant landed at “an unknown port” of the United States subsequently to July 1, 1924, in violation of sections 3 and 19 of the Immigration Act of February 5, 1917, as amended (8 U.S.C. A. §§ 136 and 155), and of section 13(a) and (c) of the Immigration Act of May 26, 1924 ( 8 U.S.C.A. § 213 (a) and (c).

After a number of hearings, the assistant to the Secretary of Labor issued a warrant of deportation against the appellant, on the same grounds as those contained in the warrant of arrest. The appellant thereupon filed a petition for a writ of habeas…

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