Yoshihara

Appeal from an order of the District Court denying appellant’s petition for a writ of habeas corpus.

The appellant is a Japanese alien. He was first admitted to the United States in 1902, and resided here continuously from that time until November, 1919, at which time he returned to Japan, taking with him his alien Japanese wife and three American-born children. Appellant remained in Japan from 1919 until 1928, at which time he applied to the American consulate in Japan for a temporary visa to visit the United States. Upon his arrival at the Port of San Francisco in June, 1928, he was examined by a board of special inquiry convened for the purpose of considering his application for admission, and gave the following sworn testimony:

He was admitted on June 9, 1928, as a temporary visitor, and as a guarantee that he would leave within six months was required to post a $500 departure bond.

Appellant asserts in his brief that he did not abandon his domicile in the United States at the time he left in 1919, but the above-quoted testimony disproves that contention.

During his visit in the United States appellant executed an application for a re-entry permit. In his application he…