Mow

The appeal is from an order denying a petition for a writ of habeas corpus.

Appellant, an alien, after a hearing before officials of the Department of Labor,, had been ordered deported. On application for the writ, the record of this hearing was transmitted to the trial court. It discloses that in April, 1937 appellant was indicted in the United States court for the Northern District of California on two counts, the first of which charged him with the unlawful sale and distribution of a derivative and preparation of opium. The second count charged that he “did fraudulently and knowingly conceal and facilitate concealment of said lot of yenshee more particularly described in Count One of this indictment, and a lot of certain derivatives and preparations of opium, to wit, yenshee and. smoking opium, in quantities particularly-described as 117 grains yenshee contained in two bindles, and 227 grains smoking-opium contained in a teacup and two jars,, and the said yenshee and smoking opium, had been imported into the United States, of America contrary to law, as said defendant then and there well knew.” The first: *983 count of this indictment was dismissed and appellant pleaded guilty…