Banez

This is an appeal from a denial by the district court of the writ of habeas corpus and of an injunction to prevent appellant’s deportation.

Appellant is a native of the Philippine Islands. He first arrived in the United States as a stowaway on May 4,1939, and remained in the United States until December 21, 1945, when he shipped out as a member of the crew of an American hospital ship. The vessel went to the Philippines and thence returned to Honolulu where it docked February 26, 1946. Appellant was not then permitted to leave the ship because he was without a passport or substitute document. The vessel arrived in San Francisco March 6, 1946, and appellant was there permitted to leave the ship inasmuch as he had obtained a Philippine document of identification.

On March 9, 1949, appellant was arrested pursuant to a warrant stating that he was an immigrant who had entered this country at Honolulu on or about February 12, 1946, without a valid visa or passport in violation of the immigration laws. A deportation hearing was held by an officer of the Immigration and Naturalization Service at Portland in November of 1952, with the result that the hearing officer determined and found…