Carr

This is an appeal by the government from an order, issued in a habeas corpus proceeding, that Dolores Lopez Nunez, hereinafter referred to as the petitioner, be discharged from further custody or restraint of the immigration officers and not be deported.

Petitioner had been arrested by immigration officers and, after due hearings, the Department of Labor issued a warrant directing the deportation of the petitioner on the ground that she was a person who at the time on entry “was likely to become” a public charge ( 8 U.S.C.A. § 136 ) and who “within five years after entry” had become a public charge “from causes not affirmatively shown to have arisen subsequent to landing” ( 8 U.S.C.A. § 155 ). At this hearing evidence was adduced substantiating the following facts.

Petitioner, an alien, has continuously resided in the United States since 1922 except for several short visits to Mexico. Her three minor children are American born. Until his fatal illness in 1931, petitioner’s husband supported the family. Since returning from her last visit to Mexico in 1934, petitioner had been receiving $2.25 monthly with grocery orders and some clothes, and her three children had been receiving…