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UNITED STATES v. DAY

No. 336.

32 F.2d 542 (1929)

UNITED STATES ex rel. JACOVIDES et al. v. DAY, Commissioner of Immigration at Port of New York.

Circuit Court of Appeals, Second Circuit.

May 6, 1929.

Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (Leon E. Spencer, Asst. U. S. Atty., of New York City, of counsel), for appellant.

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

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

SWAN, Circuit Judge.

Section 4 of the Immigration Act of 1924 (43 Stat. 155; 8 USCA § 204) defines the term "nonquota immigrant." The definition embraces, by subdivision (d):

"An immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of, carrying on the vocation of minister of any religious denomination...

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