Matsutaka

This is an appeal from an order denying a petition for a writ of habeas corpus. The question for decision is this: Is an alien seaman who has resided in the United States for a period barring his deportation for an illegal entry entitled to re-enter the United States upon his return from a fishing voyage in foreign waters as a member of the crew of an American fishing vessel. This question was answered in the affirmative by this court in Weedin v. Banzo Okada, 2 F.(2d) 321 , and that decision has been generally followed by the District Courts of this circuit. Ex parte T. Nagata (D. C.) 11 F.(2d) 178 ; Ex parte Kogi Saito (D. C.) 18 F.(2d) 116 . The government concedes this, but earnestly insists that the doctrine announced by this court in the Okada Case was in effect overruled by the Supreme Court in U. S. ex rel. Claussen v. Day, 279 U. S. 398 , 49 S. Ct. 354 , 73 L. Ed. 758 . With this contention we are unable to agree. In the Okada Case, the ap-pellee entered the United States unlawfully in 1917 and continued to reside in the United States until June, 1921. In the latter month ho shipped as a member of the crew of the Cross Keys, a United States Shipping Board vessel, for a…