Corsetti

Appellant, being held for deportation, sought release by a petition for a writ of habeas corpus, which was denied, and he appeals.

Appellant, a citizen of Italy, illegally entered the United States in 1925. On May 9, 1938, appellant was arreste'd and held for deportation. During the pendency of such deportation proceedings, appellant requested that further consideration of the matter be deferred, and took steps to obtain entry under the regular quota. On November 18, 1938, the Secretary of Labor ordered appellant’s deportation. Without knowledge of such order, appellant left the United- States on November 21, 1938, Ifor Mexico City where on December 5, ¡1938, he obtained an immigration visa and re-entered the United States on December ¡15, 1938. Thereafter, the deportation proceedings in question here were commenced, and appellant was ordered deported. His petition for a writ of habeas corpus was ¡denied by the court below, hence this appeal.

: 8 U.S.C.A. § 180 provides in part:

• The sole question before us is whether appellant had been “deported” prior to his re-entry into the United States by the action taken in the previous deportation proceedings.

Appellant contends that…