Nagle

Yee Fook Poy had been admitted to the United States in 1907 as the minor son of a domiciled Chinese merchant. In 1923 he returned to China. There he married the appellant, and in 1926 he brought her to the United States. She .applied for admission on the ground that her husband had been a merchant in the United States for at least 12 months prior to his departure for China. The immigration authorities rejected the husband’s claim of a mercantile status, but admitted him on the ground that he was a student, and had been a student in the United States for at least 12 months prior to his departure therefrom. The court below denied the appellant’s application for writ of habeas corpus.

The denial of the appellant’s right to admission was based wholly upon a legal conclusion drawn from established facts. It was ishown that, prior to Yee Fook Poy’s departure for China, he had and still retains an interest of $500 in the Jing Yuen Company, at San Francisco, of which his father is the manager; that during the year prior to his departure for China he was attending school, and before and after school hours was engaged in the store of Jing Yuen Company; that his name appeared upon the list…