Nagle

On habeas corpus, the District Court ordered Naoichi Misho, the appellee, a Japanese citizen, released from the custody of the immigration officers, by whom he was detained under an order of deportation. The Commissioner of Immigration for the San Francisco district appeals from that order.

The appellee alleged in his petition that he originally entered the United States in 1919 and remained therein continuously thereafter until June 22, 1928, when he shipped as a steerage waiter on the President Grant, a vessel of American registry, under a contract which provided for his discharge at Kobe, Japan. It is alleged that his shipping was under a contract which provided for his return upon another vessel of the same line, the Robert Dollar Steamship Company, as follows:

He was paid off and discharged at Kobe, Japan, about July 8,1928, and after 26 days he reshipped upon the President Jackson, a vessel of the same line, as a crewman, and his return voyage was at the expense of the steamship company, all, as he alleges, in accordance with the original contract evidenced by the above-quoted letter. On reaching San Francisco he was detained by the immigration authorities, and after…