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COSTANZO v. TILLINGHAST

No. 2643.

56 F.2d 566 (1932)

COSTANZO v. TILLINGHAST, Commissioner of Immigration.

Circuit Court of Appeals, First Circuit.

February 25, 1932.

Attorney(s) appearing for the Case

Walter E. Brownell, of Boston, Mass., for appellant.

John W. Schenck, Asst. U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., of Boston, Mass., on the brief), for appellee.

Before BINGHAM and WILSON, Circuit Judges, and MORTON, District Judge.

BINGHAM, Circuit Judge.

This is an appeal from a decree of the District Court for Massachusetts denying a writ of habeas corpus and dismissing the petition. The petitioner, Alberto Costanzo, is now about thirty years of age, a native of Italy. He has resided in this country since 1905. He has two American-born children. His wife has recently divorced him. Neither the petitioner, nor his father, long since dead, became naturalized citizens. He was convicted in 1916...

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