Singh

By warrant issued January 25, 1938, the appellant was ordered deported to his native India, upon the ground that he was in the United States in violation of section 13(c) of the Immigration Act of 1924, 43 Stat. 161 , 8 U.S.C.A. § 213 (c). ■

The alien has the burden of proving his right to remain in the United States. Keizo Kamiyama v. Carr, 9 Cir., 44 F.2d 503, 506 ; Naranjan Singh v. District Director of Immigration, etc., 9 Cir., 96 F.2d 969 . Likewise, the burden is upon the alien to prove lawful entry into this country. 8 U.S.C.A. § 221 . If the alien unlawfully entered the United States prior to July 1, 1924, deportation would be barred by the passage of the 5 year period of limitation under section 19 of the Immigration Act of 1917. Ohara v. Berkshire, etc., 9 Cir., 76 F.2d 204, 206 ; 8 U.S.C. A. § 155. If he entered subsequent to July 1, 1924, the Immigration Act of 1924 permits deportation at any time. 8 U.S.C. A. § 214.

The alien testified that he entered the United States near Calexico, California, May 14, 1924, surreptitiously and without inspection. He presented no witnesses or evidence, at any of the hearings, which *123 would tend to prove his right to remain in…