Carmichael
Misuye Kobayashi v. Carmichael
Opinion
Lead Opinion
Healy, J.
Appellant, a Japanese alien, was ordered deported. She petitioned for a writ of habeas corpus, and from the dismissal of the writ she appeals.
In October, ,1926, in Japan, appellant married Tomekichi Kobayashi, a native-born citizen of the United States. Later she obtained a Japanese passport visaed by an American consular officer permitting her to apply for admission to the United States as a visitor; and in December of 1926 she sought to enter at the port of San Francisco on the strength of this visa. She was denied entry as a visitor but was permitted to enter in transit to Mexico under bond. She went to Mexico and thereafter, on March 2, 1927, applied at San Ysidro, California, for admission, presenting her passport visa to the immigration officers there. Her application was denied by a board of special inquiry on a finding that the applicant was not a bona fide non-immigrant as defined in the exceptions specified in section 3 of the Immigration Act of 1924, 43 Stat. 153 , 8 U.S.C.A. § 203 . 1 In other words, the board determined on the showing made that she was not a good faith visitor, and that she was an immigrant not in possession of the visa required of immigrants by the…