Houvardas

Appellant is an alien and has, by the Attorney General of the United States, been ordered deported under and by authority of the provisions of the Act of February 5, 1917, as amended. 8 U.S.C.A. § 155 (a) 1 The Immigration and Naturalization Service found that appellant has, since May 1, 1917, been sentenced more than once to a term of imprisonment of more than one year because of conviction in this country of a crime involving moral turpitude and has not been pardoned.

Appellant, alleging that his right to apply for a pardon had not been exhausted and was still available and open to him, and, until such rights are exhausted the provisions of said Act of February 5 do not apply, petitioned the District Court for a writ of habeas corpus. The petition was denied. On this appeal from the order denying the writ the same contentions are urged.

Appellant admits, as he must, that by giving the words of the statute their plain and literal meaning his contention finds no support, but argues that in order that the purpose and intent of the law be carried out and the demands of justice met we should construe the statute to say that an alien falling within the class of one who has been…