UNITED STATES v. DAY

No. 122.

22 F.2d 914 (1927)

UNITED STATES ex rel. PAOLANTONIO v. DAY, as Commissioner of Immigration.

Circuit Court of Appeals, Second Circuit.

December 5, 1927.


Attorney(s) appearing for the Case

Harry H. Hoffnagle, of New York City (McCready Sykes, of New York City, of counsel), for appellant.

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

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


SWAN, Circuit Judge.

The question raised by this appeal is whether the immigration authorities are empowered to deport an alien woman, who was of constitutional psychopathic inferiority at the time of her entry, and whose husband became a naturalized citizen of the United States after her deportation was ordered.

The facts which present this question are the following: Husband and wife were married in Italy, both being natives and citizens of that country...

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