Oliver Wendell Holmes, Jr.

“ The relators have no right to enter the United States unless it has been given to them by the United States. The burden of proof is upon them to show that they have the right. Immigration Act of 1924, § 23, 43 Stat. ”

“ It was held that they 'were properly excluded under section 13 (a) of the Immigration Act of 1924 (8 USCA § 213 (a) , since the Secretary of Labor did not admit them in his discretion * * * and neither presented an unexpired valid immigration visa or an unexpired valid permit to re-enter in accordance with the regulations promulgated under section 13 (b) of that act.' (C. C. A.) 49 F. (2d) 730, 733. A contrary decision was reached in Johnson v. Keating (C. C. A.) 17 F. (2d) 50. ”