Minamiji v. Carr

NORCROSS, District Judge.

This is an appeal from an order [36 F. (2d) 422], discharging a writ of habeas corpus and remanding appellant to the custody of the United States Immigration Service.

The question of law presented is whether appellant is entitled to enter the United States as the wife of a Japanese trade treaty alien, in pursuance of the provisions of section 3(6), Immigration Act of 1924 (8 USCA § 203 (6).

Appellant and her husband, Fnkujiro Minamiji, presented themselves for entry at the port of San Pedro, Cal., May 2, 1929. The husband was in possession of a return permit previously…