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UNITED STATES v. DAY

No. 372.

34 F.2d 920 (1929)

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

Circuit Court of Appeals, Second Circuit.

July 15, 1929.

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 (Walter H. Schulman, Asst. U. S. Atty., of New York City, of counsel), for appellee.

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

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

The deportation being upon two findings, its propriety must depend upon these and these alone. Throumoulopolou v. U. S., 3 F.2d 803 (C. C. A. 1); Ex parte Turner (D. C.) 10 F.2d 816; Ex parte T. Nagata (D. C.) 11 F.2d 178. Strictly, the first ground of deportation as it reads is bad in law. The statute does...

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