Haff

From an order remanding petitioner for deportation, this appeal is prosecuted.

The appellant claims to be a citizen of China, and was ordered deported by the Secretary of Labor under Act of February 18,1931 (8 U.S.C.A. § 156a). The appellant had pleaded guilty to two indictments charging violation of the Jones-Miller Act ( 21 U.S.C.A. § 174 ) on the 6th day of October, 1934, and the 11th day of April, 1935, respectively. The only issue in dispute is that he is “an addict who is not a dealer in, or peddler of, any of the narcotic drugs mentioned in this section,” and may not be deported. It is urged by the appellant that while there is testimony before the Department of Labor that he is a dealer, that such testimony is unworthy of belief and that a court could not, after a consideration of the evidence, believe it, and with such elimination there is no evidence to show that he did traffic in narcotics. It is, of course, fundamental that the court’s jurisdiction ends if any substantial testimony is shown. As said by Justice Brandéis in U. S. ex rel. Tisi v. Tod, 264 U.S. 131 , 44 S.Ct. 260 , 68 L.Ed. 590 :

The administrative tribunal must deduce a conclusion from the evidence and…