Ex parte Naoe Minamiji

The petitioner is a female person, about 23 years of age, and a native and subject of Japan. She sought to be allowed to enter the United States as the wife of a Japanese alien, who, it is conceded, is entitled to reside in this country. In December, 1928, the husband left the United States on a trip to Japan, and while there married petitioner, and secured for her the visa of the American Consul as a nonimmigrant at the port of Yokohama. The husband was admitted as a returning resident, and his wife was held for deportation. The claim made on behalf of the wife is that her husband had the status of a trader or merchant, as established prior tó his temporary trip to Japan. If it is true that the husband had attained the status claimed for him, he then would belong to the nonimmigrant class as being “an alien entitled to enter the United States solely to carry on trade under and in pursuance of the provision of a present existing treaty of commerce and navigation.” Section 203, title 8, subd. (6), U. S. Code (8 USCA § 203(6). A board of review refused to disturb the decision of the immigration officers at the port.

*423 The decision of the hoard of review was placed upon two…