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UNITED STATES v. DAY

No. 151.

45 F.2d 112 (1930)

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

Circuit Court of Appeals, Second Circuit.

November 17, 1930.

Attorney(s) appearing for the Case

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

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

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

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from an order dismissing a writ of habeas corpus. The writ was taken out in order to test the validity of a warrant of deportation issued by the Secretary of Labor on the ground that the relator had been found in the United States in violation of the Immigration Act of February 5, 1917, in that he entered without inspection, and that he was a person likely to become a public charge at the time of his entry.

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