UNITED STATES v. DAY

No. 68.

22 F.2d 472 (1927)

UNITED STATES ex rel. DE SOUSA v. DAY, Immigration Com'r.

Circuit Court of Appeals, Second Circuit.

November 14, 1927.


Attorney(s) appearing for the Case

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

Charles H. Tuttle, U. S. Atty., of New York City (Alvin McKinley Sylvester, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The alien in this case was neither accompanied by nor coming to a parent, and was slightly under 16 years of age. Section 3 of the act of 1917, supra, providing that the alien "may, in the discretion of the Secretary of Labor, be admitted if in his opinion" he is "not likely to become a public charge and" is "otherwise eligible," is therefore applicable.

The Secretary of Labor exercised his...

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