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UNITED STATES v. CURRAN

22 F.2d 314 (1926)

UNITED STATES ex rel. PATTI et al. v. CURRAN, Commissioner of Immigration.

District Court, S. D. New York.

May 10, 1926.

Attorney(s) appearing for the Case

Gaspare M. Cusumano, of New York City, for relators.

Emory R. Buckner, U. S. Atty., of New York City (Charles L. Sylvester, Asst. U. S. Atty., of New York City, of counsel), for respondent.

THACHER, District Judge.

The grounds of exclusion were illiteracy and nonpossession of an unexpired return permit or an immigration visa, the exclusion being based, not upon the exercise of the Secretary of Labor's discretion, but upon the theory, expressly found, that no discretion could be exercised in this case. Illiteracy may first be considered, since that affects the substantive right to enter, while the other objection is formal and procedural.

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