Ex parte Harumi Motoshige

On December 23, 1931, petitioner, an alien and native of Japan, was questioned by the immigration inspector as to his right to remain in the United States. The result of the questioning, in the opinion of the inspector, justified further proceedings and warrant of arrest was applied for, issued, and hearings regularly conducted; the petitioner being represented by counsel. When the ease was considered by the Department of Labor at Washington, where counsel for petitioner were present, it was decided that the Department of State should be asked to make further inquiries into the movements of petitioner through its consular representatives in Japan. 'This was with the knowledge of petitioner and his counsel, as further particulars to facilitate this inquiry were furnished by them. They knew that the investigation was proceeding in Japan in the manner described.

Later, however, the United States Consul at Nagasaki transmitted to the Secretary of State the result of his investigation, stating among other things that inquiry at the prefectural office in the locality designated by petitioner indicated that no passport had ever been issued to him. This letter was not shown to petitioner…