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UNITED STATES v. CURRAN

No. 371.

14 F.2d 112 (1926)

UNITED STATES ex rel. KOZAK v. CURRAN, Immigration Com'r.

Circuit Court of Appeals, Second Circuit.

July 9, 1926.

Attorney(s) appearing for the Case

Buchler & Richman, of New York City (Louis Richman, of New York City, of counsel), for appellant.

Emory R. Buckner, U. S. Atty., of New York City (Charles Lincoln Sylvester, of New York City, of counsel), for respondent-appellee.

Before MANTON and MACK, Circuit Judges, and AUGUSTUS N. HAND, District Judge.

MACK, Circuit Judge.

To test the legality of an exclusion order, relator sued out a writ of habeas corpus. Judge Learned Hand, then District Judge, reviewing the record made by the immigration authorities, held that a certificate of police of Buenos Aires as to five years' continuous residence there, which concededly would bring relator within the nonquota provisions of the immigration law, was "prima facie disinterested and reliable evidence, which, if true, conclusively...

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