Sugaya

This appeal is from an order of the District Court denying appellant’s petition for a writ of habeas corpus and remanding petitioner to the custody of the United States Commissioner of Immigration for deportation. The appellant, a native and citizen of Japan, was first admitted to the United States in 1917, and has since resided continuously in this country except for two visits to Japan of a few months each. In February, 1927, he departed for Japan after having obtained a re-entry permit from the Commissioner General of Immigration at Washington upon the ground that he was an alien who was lawfully domiciled in the United States and who was departing therefrom for a temporary visit abroad. He returned to the United States in May, 1927, and was admitted on the basis of his reentry permit under the status of a returning resident. 8 USCA § 204 (b). Appellant again departed for Japan in August, 1930, after having obtained another reentry permit upon the same ground as the previous one. Appellant returned to the United States in February, 1931, but instead of presenting his re-entry permit as a basis for his admission, he presented an immigration visa issued by the American Consul in…