Manney

Takeo Tadano, a national of Japan, who is in custody of Immigration Officer Man-ney for deportation, appeals from a judgment of the district court quashing a writ of habeas corpus and dismissing the petition for his release. It is undisputed that Tadano’s last entry, into the United States was on January 5, 1929, as a treaty trader under the Immigration Act of 1924, 43 Stat. 154 , 8 U.S.C.A. § 203 , and the United States-Japanese Treaty óf Commerce and Navigation.

On December 26, 1940, a “Warrant for Arrest of Alien” was .issued against appellant, in which it was stated that he was *666 subject to deportation under “The Immigration Act of 1924, in that he has remained in the United States after failing to maintain ■the exempt status, under which he was admitted as an alien entitled to enter the United States solely to carry, on trade under the provisions of Section 3(6) of said Act [emphasis ours].”

At the time of appellant’s entry, § 3(6) of the Immigration Act of 1924, 43 Stat. 1S4, was as follows: “When used in this Act the term ‘immigrant’ means any alien departing from any place outside the United States destined for the United States, except * * * (6) an alien entitled to…