SERPICO v. TRUDELL


46 F.2d 669 (1928)

SERPICO v. TRUDELL, Immigration Inspector.

District Court, D. Vermont.

November 8, 1928.


Attorney(s) appearing for the Case

Harold Van Riper and Francis E. Hamilton, both of New York City, for relator.

Harry B. Amey, U. S. Atty., of Burlington, Vt., for respondent.


HOWE, District Judge.

The relator is a returning Italian immigrant, and has been denied admission by a board of special inquiry because he did not have an immigration visa in accordance with the Immigration Act of 1924.

The legal question is: Is he a nonquota immigrant having been lawfully admitted to the United States, and is he returning from a temporary visit abroad? The evidence is all one way. Section 4 (b) of the Act of 1924 (8 USCA § 204 (b) defines...

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