Minamiji

This is an appeal from an order [36 F. (2d) 422], discharging a writ of habeas corpus and remanding appellant to the custody of the United States Immigration Service.

The question of law presented is whether appellant is entitled to enter the United States as the wife of a Japanese trade treaty alien, in pursuance of the provisions of section 3(6), Immigration Act of 1924 (8 USCA § 203 (6).

Appellant and her husband, Fnkujiro Minamiji, presented themselves for entry at the port of San Pedro, Cal., May 2, 1929. The husband was in possession of a return permit previously issued by the Immigration Service under the provisions of section *628 10(a) of the aforesaid aet (8 USCA § 210 (a). Appellant was in possession of an immigration visa issued to her by the American consul at Yokohama, Japan, and certifying her to he the wife of a trade treaty alien. The husband was admitted as a returning legally domiciled alien. Appellant was denied admission.

^ If Fukujiro Minamiji was in fact entitled to be regarded as a trade treaty merchant, then appellant was entitled to admission as the wife of such merchant. Shizuko Kumanomido v. Nagle (C. C. A.) 40 F.(2d) 42 . The primary question is the…