Backus

(after stating the facts as above). [1,2] 1. It is clear that whatever authority is possessed by the Secretary of *850 Labor to deport aliens found in this country is derived from the Immigration Act of February 20, 1907, c. 1134 ( 34 Stat. 898 , 908), and not from the Chinese Exclusion Act of September 13, 1888, c. 1015 ( 25 Stat. 476 ), which vests such authority only in United .States courts, and justices, judges, and commissioners thereof. This authority is possessed by the Secretary of Labor only when he shall have been satisfied'that an alien is subject to deportation under the provisions of the Immigration Act or some other law of the United States, and in such case “he shall cause such alien within the period of three years after landing or entry therein to be taken into custody and returned to the country whence he came.” The jurisdiction of the Secretary of Labor is therefore made to depend upon the fact that the alien has entered the United States within the period of three years preceding his arrest by the immigration authorities. United States v. Wong You, 223 U. S. 67, 69, 70 , 32 Sup. Ct. 195, 56 L. Ed. 354 ; Low Wah Suey v. Backus, 225 U. S. 460, 466, 468 , 32 Sup.…