Morikichi Suwa v. Carr

GARRECHT, Circuit Judge.

Morikichi Suwa, the appellant herein, was apprehended July 12, 1934, a short distance east of Calexico, Cal., on the north bank of an irrigation canal which runs parallel to the International boundary fence between the United States and Mexico and a few feet to the north thereof. The canal at this point was approximately 15 feet wide and the water therein about one foot deep. Close by the point of arrest were two holes in the International fence. The inspector who made the arrest did not see the alien climb through the fence or effect his entry, although he had been on…