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UNITED STATES v. DAY

No. 232.

37 F.2d 1015 (1930)

UNITED STATES of America ex rel. Demetrius PHILIPPIDES or Dimitrios Filipides, Relator-Appellant, v. Benjamin M. DAY, Commissioner of Immigration, Port of New York, Respondent-Appellee.

Circuit Court of Appeals, Second Circuit.

February 3, 1930.

Attorney(s) appearing for the Case

Thomas A. Kane, of New York City, for appellant.

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

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

PER CURIAM.

The relator is an alien seaman, who arrived at the port of New York in September, 1925, as a member of the crew of a steamship. He deserted his ship, and ever since has remained here, working as an employee in a restaurant. More than three years after desertion he was arrested on a warrant charging him with remaining in the United States for a longer time than permitted by the Immigration Act of 1924 (43 Stat. 153), or the regulations prescribed thereunder...

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