Espino

Juan Espino, a petitioner for the writ of habeas corpus in the District Court of the United States for the Northern District of California, Southern Division, appeals from an order of that court which denied the issuance of the writ and discharged the court’s order to show cause why he was restrained of his liberty by the United States Immigration Authorities.

Appellant was arrested in the United States and within the territorial jurisdiction of the court above named, and, after hearing before the Immigration Authorities, he was ordered deported to the Republic of Mexico in accordance with the following laws: “The immigration act of 1924, in that at the time of his entry he was not in possession of an unexpired immigration visa; and the act of 1917, in that he has been convicted of having committed a felony or other crime or misdemeanor involving moral turpitude prior to entry into the United States, to wit: Rape; and that at the time of entry he was a member of a class excluded by law, to wit: Section 1(a) of the act approved March 4, 1929 [ 8 U.S.C.A. § 180 ], as amended, being an alien who had been arrested and deported in pursuance of law, and who had not received permission…