Carmichael

This is an appeal from an order denying the alien appellant release on a writ of habeas corpus and remanding him to the custody of the Immigration authorities. The Immigration Bureau had issued a warrant charging that appellant was subject to deportation under the Act of February 18, 1931, 46 Stat. 1171 , 8 U.S.C.A. § 156a in that: “He is in the United States in violation of the act of February 18, 1931, in that since February 18, 1931, he has been convicted and sentenced for violation of (or conspiracy to violate) a statute of the United States taxing, prohibiting, or regulating the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, or any salt, derivative, or preparation of opium or coca leaves, and is not within any exception to the aforementioned act.”

The alien was taken into custody under the warrant at Ventura, California, March 11, 1938, and granted a hearing. This hearing was continued to give him an opportunity to secure counsel. At the various hearings held thereafter the alien was represented by counsel. Transcript of the entire record was then forwarded to the…