Ex parte Singh

Habeas corpus proceedings by Kartar Singh, who has been ordered deported by the Secretary of Labor upon the ground that he is an alien ineligible to citizenship, and is not exempt under paragraph (c), section 13, of the Immigration Act of 1924 (approved May 26, 1924, 8 USCA § 213 (c).

The controlling issue of fact in this case was whether petitioner entered the United States before or after July 1, 1924, the effective date of the act. After several hearings at which the petitioner testified, the immigration officials found that the alien entered the United States after July 1, 1924, and that he was subj ect to deportation.

It is expressly provided by section 23 of the apt (8 USCA § 221) that “the burden of proof shall be upon such alien to show that he entered the United States lawfully, and the time, place, and manner of such entry.”

*148 It is also so well settled as to have become elementary that unless it can be said that the findings of fact of the immigration authorities in these deportation cases were manifestly unfair, or that their conclusions were arbitrary, the courts are not at liberty to overrule such findings. Low Wah Suey v. Backus, 225 U. S. 460 , 32 S. Ct. 734…