Carmichael

This is an appeal from the district court’s action in a habeas corpus proceeding in discharging the writ and remanding the petitioner to the custody of the Immigration authorities.

Appellant is a young Japanese woman who entered into a marriage by correspondence with a Japanese who is a citizen of this country. Following thi.s, appellant took passage on a boat from Japan for Mexico, via the United States, securing a permit to stop over for a short period in this country. After visiting her husband here for a short time, appellant continued her trip to Mexico on or about January 8, 1931. Appellant remained in Mexico for about four months. Then, on or about June 3, 1931, she and two other Japanese aliens boarded a gas motor boat at Ensenada, Mexico, and surreptitiously entered the United States. This was in time brought to the attention of the United States and the alien was taken into custody under a warrant issued March 4, 1937.

On February 11, 1939, a warrant of deportation was issued directing the alien’s deportation to Japan, it having been found that she had entered at San Pedro, California, on or about June 3, 1931, and that she was subject to deportation under the…