Taguchi

This is an appeal from an order of the District Court discharging a writ of habeas, corpus and remanding the appellant to the custody of the United States Immigration Service for deportation.

Riichi Taguchi, the appellant, is a native and subject of Japan and is of the Japanese race. The records show that he arrived in. the United States at the port of Seattle, Wash., about August 6, 1918, as a member of the crew of the steamship Kongosan Maru, and that he deserted that vessel at Seattle on August 14, 1918. It is admitted that his entry into the United States was unlawful. He remained continuously in this country, following different occupations, until about July, 1931, when he signed on the American fishing boat Meskleetia, at San Pedro, Cal., to engage in fishing on the high seas and in Mexican waters. It appears that this vessel proceeded southward along the Mexican coast in the channel between Santa Margarita Island and the mainland of Mexico, for the purpose of fishing. Santa Margarita Island is alleged to be approximately 650 miles in a southerly direction from the United StatesMexiean international boundary line, and near the extremity of Magdalena Bay.

In appellant’s…