UNITED STATES v. DAY


15 F.2d 391 (1926)

UNITED STATES ex rel. MAZZILLO v. DAY, Commissioner of Immigration.

District Court, S. D. New York.

August 3, 1926.


Attorney(s) appearing for the Case

John M. Lyons, of New York City, for relator.

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


KNOX, District Judge.

The relator, upon a plea of guilty to the offense of assault in the second degree, was sentenced to imprisonment for one year or more, within five years after he arrived here as an immigrant. The government seeks his deportation upon the ground that the offense upon which he was imprisoned is one involving moral turpitude. That it may fairly be said to be of that nature is denied by relator.

In my opinion, the deportation of the alien...

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