In the Matter of the Petition of Kichitaro Kubota and Ise Kubota for a Writ of Habeas Corpus

In the District Court of the United States for the Western District of Washington, Northern Division.

In the matter of the petition of Kichitaro Kubota and Ise Kubota, his wife, for Writ of Habeas Corpus.

No. 5556

Petition for Writ of Habeas Corpus.

To the Honorable Judges of the Above Entitled Court:

The petition of Kichitaro Kubota and Ise Kubota, his wife respectfully represents as follows:

That the said Kichitaro Kubota came to the United States on or about the first day of February 1911 as a sailor. That from said date he continuously resided in the United States of America up to on or about the first day of January 1919 when he left the United States of America upon a visit. That during practically all of said period of about eight years he resided in the city of San Francisco, California; that he was engaged there in the hotel business and now owns there a one-half interest in the hotel business., and restaurant.

That while in Japan on his said visit he married his present wife Ise Kubota and attempted to gain a passport back to the United States, but that some delay was caused in the issuing of said passport and he was not able to return immediately.

That he arrived from his visit in Japan in the United States on or about the first day of July 1920 and after a hearing and examination before the United States Commissioner of Immigration at the Port of Seattle and a Board of Special Enquiry convened for that purpose, your petitioners herein were excluded from the United States for the reason that Kichitaro Kubota never had a legal residence in the United States and that no passport should have been issued for his return to the United States, also that they are parties liable to become a public charge.

That an appeal was taken from such decision to the Secretary of Labor, who on or about the 18th day of August 1920 dismissed, refused and denied said appeal.

That your petitioner Kichitaro Kubota is a duly domiciled alien having resided in the United States continuously for approximately eight years before returning to Japan. That he is the owner of property in the United States of America. That upon going to Japan he intended to return to the United States and that the delay in returning to the United States was on account of the delay of the Government in issuing passport. That he is able to support himself and wife, having in his possession or under his control money and securities of the value of $400 and restaurant $2000. That he has a regular and lawful occupation, to-wit the occupation of conducting a hotel and restaurant and as a hotel- and restaurant keeper, and that his earnings generally average about the sum of $200 per month.

That your petitioners were denied a just and fair hearing but were arbitratily [sic] excluded and denied admission, because of prejudice and in utter disregard of the testimony and that petitioners now have in their possession other and additional proof showing their residente [sic] in the United States in addition to that submitted before the board of special enquiry, and that the board of special enquiry which heard the case of your petitioners was not legally constituted.

Wherefore your petitioners pray that a writ of Habeas Corpus may issue herein to the said Henry M. White, U. S. Immigration Commissioner for the Port of Seattle, commanding him that he do produce your petitioners before this court together with the cause of their detention and that upon hearing your petitioners be discharged and be permitted to land and be admitted into the United States of America and for such other and further relief as to the court may seem just and proper in the premises.

Kichitaro Kubota
Ise Kubota X Her Mark
Petitioners.

United States of America
Western District of Washington
County of King ss:

Kichitaro Kubota and Ise Kubota
his wife, being duly sworn according to law say:

That they are the petitioners above named; that the 
foregoing petition has been explained and interpreted to 
them and that the facts therein stated are true as they verily 
believe.

Kichitaro Kubota
Ise Kubota X Her Mark

T. Akiyoshi witness to her mark
Joseph Perkins

Subscribed and sworn to before me this 4th day of September, A. D 1920.

John P. Gallagher
Notary Public in and for the State of Washington residing at Seattle.

John P. Gallagher.
Lawyer
Seattle, Wash.

In the District Court of the United States for the Western District of Washington, Northern Division.

In the matter of the Petition of Kichitaro Kubota and Ise Kubota, his wife, for Writ of Habeas Corpus.

No. 5556
Order Granting Writ of Habeas Corpus.

In this case the court having heretofore on the 4th day of September 1920, granted an order requiring the Honorable Henry M. White, United States Immigration Commissioner at the Port of Seattle to show cause before this court on the 7th day of September 1920, at the hour of two o'clock P.M., why a writ of Habeas Corpus should not be issued in accordance with the petition of the petitioners Kichitaro Kubota and Ise Kubota, theretofore filed on said 4th day of September 1920, and the matter having come on for hearing upon a return made by said United States Immigration Commissioner in accordance with said order heretofore filed and upon the petition of petitioners herein, and the Court having heard the arguments of John P. Gallagher, attorney for petitioners, and the argument of the United States attorney representing the said United States Immigration Commissioner, and being fully advised in the premises:

It is by the Court ordered and adjudged and the Court does hereby order and adjudge that a writ of Habeas Corpus issue herein returnable forthwith, commanding the said United States Immigration Commissioner at the Port of Seattle to produce before the above entitled court the bodies of Kichitaro Kubota and Ise Kubota, petitioners herein, then and there to submit to and receive whatever the court shall order in the premises.

Done in open court this 8 day of September, 1920.

Jeremiah Neterer
Judge.

John P. Gallagher.
Lawyer
Seattle, Wash.

In the District Court of the United States for the Western District of Washington, Norther Division.

In the matter of the petition of Kichitaro Kubota and Ise Kubota his wife, for writ of Habeas Corpus.

No. 5556
Order Discharging Petitioners.

In this cause, an order to show cause why a writ of Habeas Corpus should not issue herein having been made and entered by the Court, the United States Immigration Commissioner at the Port of Seattle having made his return to said order to show cause, and the Court having on this date made and entered an order herein granting a Writ of Habeas Corpus returnable forthwith:

Now, therefore, the matter coming on for hearing, the petitioners being present in Court and being represented by their attorney John P. Gallagher, and the United States Immigration Commissioner at the Port of Seattle being represented by the United States attorney:

It is by the Court ordered, adjudged and decreed and the Court does hereby order, adjudge and decree that the confinement and restraint of the petitioners Kichitaro Kubota and Ise Kubota, his wife, by the United States Immigration Commissioner at the Port of Seattle is unlawful, and that the said petitioners are entitled to be admitted into the United States and that said petitioners Kichitaro Kubota and Ise Kubota, his wife, be, and they are hereby discharged and freed from any further detention or restraint by the said United States Commissioner of Immigration at the Port of Seattle.

Done in open court this 8 day of September, 1920.

Jeremiah Neterer
Judge.