Case Summary
On December 23rd 1919, Taka Shibata, the petitioner, arrived in Washington as a Japanese immigrant where she met her new husband (traveling from Nebraska), Kunikichi Shibata, who the petitioner had married whilst in Japan through the "picture-bride" system. On January 5th, 1920, the petitioner was duly allowed to enter the United States and was found not likely to become a public charge due to the support of her husband. Shortly after entering the United States, it is reported that there was marital problems which prompted the petitioner to leave her new husband and live with her brother who also resided in Washington. Afterwards, a report is made, presumably by the former husband, which leads to the arrest of the petitioner charging her with being likely to become a public charge upon entry and admission to the country under false pretenses. The false pretense charge is then later dropped. On July 12th, 1920, a writ of Habeas Corpus is filed alleging that the government could not rule the marriage invalid. On July 17th, 1920, the Assistant U.S. Secretary of Labor, Louis F. Post, formally issued the order for deportation. A memorandum of points and authorities was then submitted by the attorneys for the petitioner stating among other things that the board which authorized her deportation did not properly consider the petitioner's witnesses or testimony, there was no proof that the petitioner did not marry in good faith, and that regardless of the other points that the charge of being likely to become a public charge is without evidence. The government alleged that there is no proof that the marriage is valid and thus cannot be recognized by presumption by the court. The attorneys for the petitioner saw the marriage passport and admittance into the country under the assumption of marriage as enough to constitute the validity of the marriage in the eyes of the governments of Japan and the United States. On July 14th, 1920, Judge Redkin granted the petitioner leave on bail. In August of 1920, Judge Redkin ordered the deportation stopped and the petitioner discharged. The judge made interesting citations to non-specific principles about the universal laws of marriage.
Case Information
Petition type(s)
Petition subtype(s)
- Immigration
- Public charge
Sites of significance
Outcome
Writ allowed
Fate of bound party
Released from custody
Case Citation
RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 5449
Source material(s)
Case File
Length of case file
Between 41 and 50 pages
Repository(s)
State
Point(s) of law cited
Gegow vs. Uhl, 239 U.S. 3.;
Howe vs. U.S., 247 Fed. 292.;
Ex parte Mitchell, 256 Fed. 229.;
In re Lum Lin Ying, 59 Fed. 682;
In G. N. Ry. Co. vs. Johnson, 254 Fed. 683;
U.S. v. Redfern, 180 Fed. 500;
U.S. vs. Suekichi, 199 Fed. 751;
U.S. vs. Martin, 193 Fed. 795;
Section 8375 of Remington Ballinger’s Codes;
“International Law of Marriage”
