Tambara v. Weedin

RUDKIN, Circuit Judge.

This is an appeal from an order denying an application for a writ of habeas corpus. Section 3 of the Act of February 5, 1917 (39 Stat. 875 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 4289J4b]), excludes from the United States, among other aliens, those “who are found to be and are certified by the ex*300amining surgeon as being mentally or physically, defective, such physical defect being of a nature which may affect the ability of such alien to earn a living.” The examining surgeon so certified in this case, and the board of special inquiry found as follows:

“This…