Ex parte Vasquez

Petitioner is in the custody of the Immigration and Naturalization Service, which seeks to deport him. This Court issued a writ of habeas corpus which was returned May 17, 1954. At that time the petitioner was present represented by counsel. The Immigration and Naturalization Service was represented by counsel. After hearing and the filing of written briefs, the case was submitted.

Petitioner was convicted upon his plea of guilty of smuggling aliens into the country from Mexico. He was given a suspended sentence of ten months, ordered to pay a fine of $500, and placed on probation for five years on July 18, 1952 by the United States District Court for the Southern District of California, Southern Division.

It is the contention of the petitioner that he is under the exclusive jurisdiction of the District Coart, subject to its orders, and that the Executive branch of government acting through the Immigration and Naturalization Service cannot interfere with this judicial function.

Respondent urges that it is their duty to deport petitioner under 8 U.S.C.A. § 1252 (h), which provides:

Petitioner’s answer to this statute is that since it did not become law until December 24, 1952,…