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UNITED STATES v. DAY

No. 356.

21 F.2d 307 (1927)

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

Circuit Court of Appeals, Second Circuit.

August 4, 1927.

Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., and Alvin McKinley Sylvester, Asst. U. S. Atty., both of New York City, for respondent.

Robert Spear, of New York City, for relators.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge (after stating the facts as above).

It is well settled that administrative action by the immigration officials may not be upset by the courts, unless no fair investigation was had, or there was a manifest abuse of discretion, or some error of law was committed. Low Wah Suey v. Backus, 225 U.S. 460, 32 S.Ct. 734, 56 L. Ed. 1165; United States ex rel. Markin v. Curran,

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