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UNITED STATES v. COMMISSIONER OF IMMIGRATION

14 F.Supp. 484 (1936)

UNITED STATES ex rel. FORTMUELLER v. COMMISSIONER OF IMMIGRATION, ELLIS ISLAND, NEW YORK HARBOR.

District Court, S. D. New York.

March 21, 1936.

Attorney(s) appearing for the Case

Sol H. Cohn, of New York City (Osmond K. Fraenkel, of New York City, of counsel), for relator.

Lamar Hardy, U. S. Atty., of New York City (Thomas McCall, Asst. U. S. Atty., of New York City, of counsel), for respondent.

CAFFEY, District Judge.

Both the Labor Department and the court are obligated to carry out the will of Congress as expressed in the immigration laws. It is not within the province of either to exercise its own notion as to the policy or justice of the legislation. So also it is beyond the power of the court to disregard, much less to set aside, findings of fact by the Labor Department if, on examination of the record, it ascertain that they rest on substantial evidence...

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