Maita

Appeal in this case is from an order of the district court denying the alien appellant’s application for a writ of habeas corpus. Appellant contends that the court erred in denying the application on the grounds that a fair hearing was not afforded him and that the evidence does not support the order of deportation.

Appellant, who had served two pri- or sentences for violation of the prohibition laws, on November 24, 1936, on a plea of guilty to a charge of engaging in the business of a distiller of alcohol with intent to defraud the United States of the tax on the spirits distilled, was sentenced to McNeil’s Island penitentiary. This crime involves moral turpitude. While so imprisoned, appellant was examined, on January 17, 1937, by the im'migration inspector. At that time appellant stated under oath that he first came to the United States in April, 1906, and that he had subsequently made a visit to Mexico “about four years ago”— that is, in 1933, within five years before his conviction, for a second time he entered the country.

Upon further questioning appellant stated that he had traveled “by auto in my sons’ car.” He was then asked:

Upon these statements of appellant a…