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UNITED STATES v. DAY

No. 310.

25 F.2d 717 (1928)

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

Circuit Court of Appeals, Second Circuit.

April 9, 1928.

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 (Abbot Low Moffat, of New York City, of counsel), for appellee.

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

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

We are to distinguish this case from one where the alien upon entry falsely swears that he comes for a temporary visit when in fact he means to stay permanently. Perhaps in such a case he is within section 19 of the Act of 1917 (8 US CA § 155) as a person who has entered "in violation of" a "law of the United States." The alien is required to testify to the truth at the hearing before a board of special...

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