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UNITED STATES v. DAY

41 F.2d 853 (1930)

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

District Court, S. D. New York.

February 28, 1930.

Attorney(s) appearing for the Case

William Lambert, of New York City, for relator.

Charles H. Tuttle, U. S. Dist. Atty., of New York City (Frank W. Ford, of New York City, of counsel), for respondent.

COLEMAN, J.

The only question presented is as to the right of the federal government to deport an alien who is on parole under the Prison Law of the state of New York (now Correction Law [Consol. Laws, c. 43]). The relator arrived in this country on April 24, 1926, as a quota immigrant, and on July 17, 1928, he was indicted in the New York state court for bigamy, which is a felony. He pleaded guilty and was sentenced for an indeterminate term in the penitentiary,...

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