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UNITED STATES v. COMMISSIONER OF IMMIGRATION

No. 133.

35 F.2d 687 (1929)

UNITED STATES ex rel. GILETTI v. COMMISSIONER OF IMMIGRATION, ELLIS ISLAND, NEW YORK HARBOR.

Circuit Court of Appeals, Second Circuit.

November 4, 1929.

Attorney(s) appearing for the Case

Shorr Brodsky & King (Isaac Shorr and Carol Weiss King, of New York City), for appellant.

Charles H. Tuttle, U. S. Atty. (Edward Feldman, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

The relator, an Italian, having embarked at Naples, entered the United States on August 16, 1923, as one of the Italian quota. On December 7, 1927, he was convicted in the County Court of Bronx County, New York, for assault in the second degree, and was sentenced to a term of imprisonment from 1½ to 5 years; the crime being that he shot another Italian, apparently in a political brawl between Fascists and anti-Fascists. He does not challenge...

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