Hirose

Heizaburo Hirose, appellant, a native and subject of Japan, entered the United States July 6, 1932, having first obtained from the American consul in Japan a nonquota immigration visa allowing him to enter the United States as a minister of a religious denomination. He was so admitted pursuant to the provisions of section 4 (d) of the Immigration Act of 1924, as amended (8 USCA § 204 (d), at San Pranciseo, on the above-mentioned date. On December 20, 1932 he was arrested under a warrant of deportation charging him with being in the United States in violation of the Immigration Act of 1924, as amended, for the reason “That the immigration visa which he presented was not valid because procured by fraud or misrepresentation.” After a hearing, a warrant for the deportation of appellant upon that charge was issued. He filed a petition for writ of habeas corpus which was issued and served, but after hearing the court made its order discharging the writ and remanding appellant to the custody of the Immigration Sendee for deportation. This appeal is from that order.

It appears from the record that appellant had made a previous entry into the United States. He arrived and was admitted at…