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UNITED STATES v. FLYNN

11 F.2d 899 (1926)

UNITED STATES ex rel. ARCARA v. FLYNN, Director of Immigration.

District Court, W. D. New York.

On Motion for Rehearing, March 15, 1926.

Attorney(s) appearing for the Case

John Leo Sullivan, of Dunkirk, N. Y., for petitioner.

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Percy R. Smith, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), opposed.

HAZEL, District Judge.

This is a second application for a writ of habeas corpus. On the hearing of the first it was decided that the deportation of the relator to Italy by the Secretary of Labor was proper, on the ground that in February, 1918, before his second entry into the United States, he had been convicted of an offense involving moral turpitude and sentenced to prison for a term exceeding one year. It appears that, after his sentence expired, he voluntarily...

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