Ex parte Haruye Suzuki

This ease involves the question of the right of a J apanese woman to enter the United States for the first time under the claim that she is so entitled because her husband has the status of a treaty trader or merchant. A discussion of the Immigration Law, as it affects J apanese women under the circumstances claimed, is contained in the opinion filed in this court this day, in the habeas corpus matter of Naoe Minamiji, No. 9757-M, 36 F.(2d), 422 . It will not be necessary to repeat here the views as expressed in the ease referred to. The facts, however, as they are represented in this record, as showing the character of the mercantile business engaged in by the husband of the petitioner, are different from those presented in the Minamiji Case. The husband here first entered the United States in September, 1923. He remained in the country continuously until January 26, 1929, when he departed for Japan, from which country he returned on April 29, 1929. He married petitioner while in Japan on this trip and sought to have her enter with him. The husband was admitted as a returning res-, ident and the wife was ordered deported.

Before the immigration officers the husband testified…