The opinion of the court was delivered by: AVIS
The relator was born in Greece in 1901; came to the United States as a sailor in 1921; deserted his ship and remained until he was arrested on deportation proceedings. After an order of deportation, he obtained the writ of habeas corpus upon which hearing and argument has been had.
The charge is that relator at the time of his entry into the United States was not in possession of an unexpired immigration visa.
It is claimed by respondent that, although relator's original entry was in 1921, under which entry he would be protected by limitations in the Act of 1917, 8 U.S.C.A. § 101 et seq., it was an unlawful entry, and that as a matter of fact the relator left the United States in the year 1929, going to Canada, and that his return from Canada, without visa and quota, constituted a new entry, subjecting him to deportation.
The facts shown in the transcript with relation to this new entry are gleaned entirely from the sworn statements of the relator.
The relator was examined under oath on March 26, 1936 by Samuel Horowitz, an immigrant inspector, at the International Restaurant, Widener Building, Philadelphia, Pennsylvania.
With relation to entering and returning from Canada, the inspector reported that relator stated that he had never been out of the United States since his arrival, except that he had gone two or three times to Canada for pleasure; that each time he stayed over night; that it was while he worked at a club in Plattsburg, New York, and was about seven years prior to the taking of the testimony.
The second examination of relator under oath was on May 21, 1936, at Gloucester City, New Jersey. The testimony was taken before and in the presence of L. J. Agin, immigrant inspector.
With relation to the Canadian trips, relator testified that since his arrival in the United States in 1921, he had left the United States only once; that he was working as a waiter at the Champlain Club in Plattsburg, New York, and, together with three other waiters, bought an automobile; that the car was put in his name and the license plates issued to him, but that he never drove the car; that in the spring, before business got real good, on or about March 29, 1929, the four men, including relator, drove from Plattsburg, New York, to Canada, one evening to have a good time; that he stayed over night, and came back early the next day to go to work; that he did not know where they crossed into Canada, as he did not drive the car and did not pay much attention to the roads; that they were questioned by the immigration officers upon their return to Plattsburg; that they asked to see the owner's license; that he went to Canada in the car only on one occasion; that he did not remember telling the inspector who conducted the preliminary inquiry, that he had been to Canada several times; that he paid no head tax upon return to the United States, nor was he in possession of an immigration visa; that he never secured a visa.
The last examination of relator under oath was on June 23, 1936, at Gloucester City, New Jersey, before L. J. Agin, immigrant inspector; the relator's attorney, William Vincent Mullen, being present.
Relator then testified, in reply to a question by his attorney, that he first entered the United States in 1921, but that he had been in the United States in 1915 as a sailor on board steamship Patros; that he made three trips to the United States on steamship Patros, and that he arrived in the United States in 1921 on steamship King Alexander.
After relating his various occupations and residences, relator, with relation to the Canadian trip, testified that he went to Champlain Club, in Plattsburg, New York, the first time in 1927; that he worked there from about June 10th until after Labor Day; that he went the next year to work at Plattsburg, going about the 10th of June; that he went there by auto; that the season ended that year after Labor Day; that during the summer of 1928 he made about four trips in the automobile, but that he did not know where he went on those trips; that the first trip was made early in June, before the season started in heavy; that they drove around to different places and stopped and had some refreshments, and then came back to the Club; that he was away about four hours; that the next trip was in July, after the 4th; that they went in a different direction, leaving the Club at 1:30 a.m., and returning about three hours later; that on this trip they drove around for a while and then stopped and had some refreshments; that a third trip was made with relation to the sale of the car, and a fourth trip at the time he went to the City and actually sold the car.
Relator testified that when he told Inspector Horowitz that "every time I crossed, the immigration authorities knew it", he was referring to the times he crossed from the old country to the United States, and that he was not referring to his crossing into Canada and return; that he was not in Plattsburg on March 29, 1929.
Questioned as to the fact that he had stated in his testimony that one evening he went to Canada, he testified that he did say that because he talked with his companions after they came back and the other fellows told him they had ...