Nagle

Toshiko Inaba v. Nagle

Good Law
36 F.2d 481·1929 U.S. App. LEXIS 2194
United States Court of Appeals for the Ninth CircuitDecember 17, 1929No. 5953California308 words

Opinion

Lead Opinion

Rudkin, J.

This is an appeal from an order denying a petition for a writ of habeas corpus. It was conceded on the hearing before the Board of Special Inquiry that the appellant is a native-born citizen of the United States and is entitled to admission, unless she lost her citizenship by reason of her marriage to an alien ineligible to citizenship. 8 USCA § 9. It is likewise conceded that the appellant married a Japanese ineligible to citizenship in Japan. The marriage was contracted in accordance with the laws of Japan, and of course the laws of that country are controlling. Ng Suey Hi v. Weedin (C. C. A.) 21 F.(2d) 801 . Nor can there be any question that she lost her citizenship by reason of that marriage, under the express terms of the statute, unless the marriage was void in its inception or unless perhaps the marriage was voidable and was thereafter annulled.

But two objections to the validity of the marriage are suggested: First, the age of *482 the appellant at the time of the marriage; and, second, coercion on the part of relatives. The appellant was 18 years of age at the time of her marriage, and she testified that she thought the marriage age in Japan was 16. There was no other…

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