Ex parte Bun Chew

This is a proceeding in habeas corpus to test the validity of an order of deportation issued by the Secretary of Labor, and directing that the petitioner herein be deported to China, the country whence he came originally, because of the fact that said petitioner is unlawfully within the United States, in that he entered in violation of section 36 of the Immigration Act, “thereby entering without inspection.”

It is the fact that the petitioner is a subject of China, and not a citizen of the United States; and it is also the fact that at the time of his arrest he was in possession of the certificate required by law to be possessed by Chinese laborers. I have had occasion lately to consider the jurisdiction and functions of the District Court of the United States on habeas corpus in deportation proceedings such as this, and my views and conclusions with respect to the function of the court in the premises are set forth at some length in an opinion lately filed by me in the Matter of Iwata, 219 Fed. 610 .

*388 [1] As therein suggested, this court, under the law, has no authority to set aside or invalidate an order of deportation, where the alien has been given a fair hearing by the…