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UNITED STATES v. DAY

18 F.2d 781 (1926)

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

District Court, S. D. New York.

December 3, 1926.

Attorney(s) appearing for the Case

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

Edward Feldman, of New York City, for the United States.

HAND, Circuit Judge.

Upon the argument the respondent conceded that in the case of an alien seaman the unlawfulness of the original entry standing alone was not enough to justify deportation. Under section 34 (Comp. St. § 4289¼s), the alien must be shown to be independently excludable under the basic law. U. S. ex rel. Gioia v. Curran (D. C. May 8, 1924) 11 F.2d 904. Similarly it was conceded that there was no basis for...

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