Berkshire

The sole question involved herein is •whether appellants failed to maintain the ■status under which they were admitted to the United States in 1929. The case comes to us upon appeal from an order of thé District Court denying petition of appellants for writ of habeas corpus.

Kumaki Koga was admitted to the United States under the provisions of section 3, subd. 6, of the Immigration Act of 1924 ( 43 Stat. 154 , 8 USCA § 203 (6), which reads as follows: “When .used in this act [subchapter] the term ‘immigrant’ means any alien departing from any place outside the United States destined for the United States, except * * * (6) an alien entitled to enter the United States solely to carry on trade under and in pursuance of the provision of a present existing treaty •of commerce and navigation.” Kumaki Koga was a newspaper correspondent, and, it being agreed that the treaty was suffi■ciently broad to include newspaper correspondents and reporters under the head of traders, he and his wife were admitted to the United States. Appellee concedes that at the time of entry of the appellants a newspaper correspondent was admissible as a “treaty trader” and does not question the exempt status of…