BHAGAT SINGH v. McGRATH

No. 9023.

104 F.2d 122 (1939)

BHAGAT SINGH v. McGRATH, District Director of Immigration, etc.

Circuit Court of Appeals, Ninth Circuit.

May 10, 1939.


Attorney(s) appearing for the Case

Joseph P. Fallon, Leslie C. Gillen, and Herbert Chamberlin, all of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and R. B. McMillan and A. J. Zirpoli, Asst. U. S. Attys., all of San Francisco, Cal. (Arthur J. Phelan, U. S. Immigration and Naturalization Service, of San Francisco, Cal., on the brief), for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.


GARRECHT, Circuit Judge.

By warrant issued January 25, 1938, the appellant was ordered deported to his native India, upon the ground that he was in the United States in violation of section 13(c) of the Immigration Act of 1924, 43 Stat. 161, 8 U.S.C.A. § 213(c).

The alien has the burden of proving his right to remain in the United States. Keizo Kamiyama v. Carr, 9 Cir., 44 F.2d 503, 506; Naranjan Singh v. District Director...

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