Inouye

Appellant, a Japanese alien, was taken into custody by appellee, as District Director of Immigration and Naturalization at Los Angeles, California, upon a warrant issued by the Secretary of Labor, directing appellee to deport appellant to Japan. Appellant thereupon petitioned the District Court for a writ of habeas corpus. From an order dismissing his petition and remanding him to appellee’s custody, this appeal is prosecuted.

Appellant was admitted to the United States on November 25, 1933. Being of the Japanese Race and, therefore, ineligible to citizenship, 1 and being neither a nonquota immigrant 2 nor the wife or child of a non-quota immigrant, he could not be and was not admitted as an immigrant. Immigration Act of 1924, § 13(c), 43 Stat. 161 , as amended, 46 Stat. 581 ( 8 U.S.C.A. § 213 (c). 3 He could be and was admitted as an alien visiting the United States temporarily. Such aliens are not classed as immigrants, but are excepted from that classification by section 3 of the Immigration Act of 1924, 43 Stat. 154 , as amended, 47 Stat. 607 ( 8 U.S.C.A. § 203 ), which provides:

Section 15 of the act, 43 Stat. 162 , as amended, 47 Stat. 524 ( 8 U.S.C.A. § 215 ),…