Appeal from the Circuit Court of the United States for the Northern District of California. ■ . .

- Proceeding by Mrs. Wong Heung against C. T. Elliott, United States Marshal for the Northern District of California for a writ of habeas corpus. . From an order denying the writ, petitioner appeals.

On August 1, 1907, "Wong Chun was arrested, charged with violation of the act of Cbngress entitled “Ah act to prohibit the coming of Chinese persons into the United States,” approved May 5, 1892 (Act May 5, 1892, c. 60, 27 Stat. 25), and “the act amendatory thereof, approved November 3, 1893 (Act Nov. 3, 1893, c.,-14, 28 Stat. 7 [-U.' S. Comp. St.. 1901, p. 1320]), and the act approved April 29, 1902 (Act April 29, 1902, c. 641, .32 Stat. 176 [U. S. Comp. St. Supp. 1909, p: 473]). Qn September 27, 19Ó7, after a hearing before a United States commissioner, she was ordered deported from the United States to China. On February 7] 1908, after a hearing' on ■ her appeal; and further evidence adduced in support thereof,- the judgment of -the commissioner .was affirmed. On July 7, 1909,- in compliance with , said judgment, Wong. Chun was taken, into custody by the United States marshal for ".the purpose of deportation, and the following day, Under the'name of Mrs. Wong Heung, she filed a petition in the1 court below for a writ of habeas corpus, alleging that on .October' 28, 1908, pending her .appeal to this court, from, the judgment of the district Court, she had been united in marriage, to .Wong .Heung in the city of Oakland, state of California; that Wong Heung was a native-born citizen of the United States; and. that.-by virtue .of said marriage her status had been changed, and she was entitled .to be discharged from.custody, Upon the hearing on the order to show cause why the writ should not issue, the court below, upon the eyidehce, .’found that the marriage of the petitioner to Wong Heung was not entered into ih good faith, but was a mere sham, pretense, and form, and had been entered into between the petitioner and Wong Heung solely for the purpose and .with the intent of evading the effect of ■ the findings, judgment, and order of deportation, and to enable the petitioner to re-, main within the 'United States, notwithstanding said order. From that judgment, the-petitioner appeals.-' .