Ex parte Yuen

Petitioner is a Chinese laborer, who has been in this country for many years. He was registered in New York on March 2, 1894, and at that time received a Chinese laborer’s certificate of residence, which he had in his possession at the time of -the hearing which led to the order of deportation that he is contesting in this proceeding. ■ He has had no hearing before a commissioner or court.

[1] The proceedings leading to the order for his deportation were had before an immigration inspector, on the theory that some time in December, 1914, and January, 1915, he was in Juarez, Mexico, and that therefore he must have entered this country within three years. To establish that fact the statement of one Acosta is relied upon. Acosta, who is a police officer in Juarez, Mexico, in an ex parte statement before an inspector in El Paso, declared that he recognized a photograph shown him as that of a Chinese whom he had seen in Juarez in the latter part of December, 1914, and the early part of January, 1915. The photograph shown him is a photograph of petitioner. Unless petitioner has entered the United States within three years of the date of the hearing, he may not be deported, except after…