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RESTIVO v. CLARK

No. 3210.

90 F.2d 847 (1937)

RESTIVO v. CLARK, United States Immigration Inspector.

Circuit Court of Appeals, First Circuit.

June 1, 1937.

Attorney(s) appearing for the Case

McKiernan, McElroy & Going and Edward F. McElroy, all of Providence, R. I. (Cornelius F. Keating, of Boston, Mass., on the brief), for appellant.

George F. Troy, Asst. U. S. Atty., of Providence, R. I. (J. Howard McGrath, U. S. Atty., of Providence, R. I., on the brief), for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

BINGHAM, Circuit Judge.

This is an appeal from an order or judgment of the federal District Court for Rhode Island in a habeas corpus proceeding denying the writ and remanding the petitioner to the custody of the immigration authorities.

It appears that the petitioner is an alien, born in Italy, who came to this country with his father and mother when nine months old, and landed at New York May 1, 1904; that on September 9, 1919, he was arrested for breaking...

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