Haff

The District Court of the United States for the Northern District of California issued an order granting a writ of habeas corpus and discharging appellee from the custody of appellant, from which order this appeal is taken.

It is conceded that appellee, an alien of Chinese descent, is the wife of Tom Wong, a native-born American citizen, they having been married in China on March 3, 1910. In 1927 Tom Wong applied to- the immigration authorities for a citizen’s return certificate, which was issued to- him, and he departed for China in December of the same year. On December 3, 1930, when about to? return to the United States, he appeared with the appellee at the American consulate in Hongkong for the purpose of obtaining the documents necessary to enable her to p roceed to this country with him. *192 He presented his return certificate, which evidenced his’ American citizenship, to the American consul, and before that official executed in behalf of appellee a document designated as “Form 633” and entitled “Petition for Issuance of Immigration Visa.” The applicant testified that she supposed that the required arrangements were made by her husband because he “attended to everything.”…