Uyemura

This is an appeal from an order of the District Court discharging a writ of habeas corpus and remanding appellant to the custody of the Immigration Authorities for deportation. ,

On August 1, 1936, appellant was arrested . under a warrant issued July 31, 1936, by an Assistant to the Secretary of Labor which charged: (1) That he is in the United States in violation of the Immigration Act of 1924, in that at the time of his entry he was not in possession of an unexpired immigration visa (8 U.S.C. A. § 213(a); and, (2) that he is in the United States in violation of the Immigration Act of 1924, in that he is an alien ineligible to citizenship, not exempted by paragraph (c) section 13 thereof (8 U.S. C.A. § 213(c).

The warrant of arrest was based upon information that appellant, an alien and a subject of Japan who had originally illegally entered the United States sometime prior to 1924, had returned to Japan in the year 1928 or 1929 and again illegally entered the United States at an unknown Mexican border port sometime subsequent to August 5, 1930, having passed in transit through the port of San Pedro, California, August 4, 1930, on the SS Bokuyo Maru destined for Mexico.

After…