UNITED STATES v. DAY

No. 233.

37 F.2d 459 (1930)

UNITED STATES ex rel. DI ROSA v. DAY, Commissioner of Immigration.

Circuit Court of Appeals, Second Circuit.

January 20, 1930.


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 appellee.

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


MANTON, Circuit Judge.

The appellee is a native and subject of Italy, and arrived in New York on May 5, 1929. He possessed an Italian passport, issued June 2, 1928, to which was attached a passport and visa dated April 19, 1929. This visa was granted under section 2 of the Immigration Act of 1924 (8 USCA § 202), and was issued to appellee as a temporary visitor to the United States. Section 3 of subdivision 2 of the Act of May 26, 1924 (USCA title 8, § 203...

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