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UNITED STATES v. DAY

No. 216.

23 F.2d 489 (1928)

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

Circuit Court of Appeals, Second Circuit.

January 9, 1928.

Attorney(s) appearing for the Case

De Pasquale & Marcantonio, of New York City (Nicholas De Pasquale, of New York City, of counsel), for appellant.

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

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

PER CURIAM.

It is settled law in these statutes that the residence of the father is not imputed to the child, like domicile. Kaplan v. Tod, 267 U.S. 228, 45 S.Ct. 257, 69 L. Ed. 585; U. S. ex rel. Patton v. Tod (C. C. A.) 297 F. 385. Therefore, when the alien entered, he was not already a citizen. This had also been held under Revised Statutes, § 2172, 8 USCA § 7, in Zartarian v. Billings, 204 U.S. 170

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