“ The only ground on which the order for deportation was assailed in the second petition had been set up in the first petition. The petitioner had full opportunity to offer proof of it at the hearing on the first petition, and, if he was intending to rely on that ground, good faith required that he produce the proof then. To reserve the proof for use in attempting to support a later petition, if the first failed, was to make an abusive use of the writ of habeas corpus. No reason for not presenting the proof at the outset is offered. ”

“ If an alien whose deportation has been ordered can do what was attempted here, it is easy to see that he can postpone the execution of the order indefinitely. Here the execution already has been postponed almost four years. ”

“ United States
Argued: April 10, 1924. --- Decided: May 26, 1924
This is a second petition for a writ of habeas corpus by a Chinese in custody under an order of deportation issued under section 19 of the Immigration Act of February 5, 1917, c. 29, 39 Stat. 874 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 4289 1/4 jj) .
In the first petition the validity of the order was assailed on two grounds: One that the Secretary of Labor issued it without lawful jurisdiction, and the other that the administrative hearing on which it rested was not adequate or fair but essentially arbitrary. ”