Owen J. Roberts

“ Irrespective of any statutory duty to return the seaman to this country, the petitioner's entry would have been lawful had he complied with the provisions of statute and regulation for temporary sojourn as an alien seaman. The obligation of the master to return him did not, as contended, confer the right to remain here permanently.
If we are to disregard petitioner's status as an alien seaman, the law required that he should have submitted himself to inspection, should have produced an immigration vise , and paid a head tax, if as an immigrant he desired to apply for citizenship. ”

“ By writ of habeas corpus petitioner challenged the legality of his arrest for deportation as an alien alleged to have remained in the United States in violation of the terms of section 14 of the Immigration Act of 1924 (chapter 190, 43 Stat. 153, 162 (8 USCA § 214) ) . That section provides:
'Any alien who at any time after entering the United States is found * * * to have remained therein for a longer time than permitted under this subchapter or regulations made thereunder, shall be taken into custody and deported. ”

“ But he was not lawfully admitted for permanent residence in 1923, and his stay here cannot be converted into such lawful residence by the mere fact that the then applicable statute limited the time within which deportation proceedings could be had. United States ex rel. Georgas v. Day (C.C.A.) 43 F. (2d) 917. ”