United States ex rel. Simonian v. Tod

(after stating the facts as above). In the Gottlieb and Markarian Cases, this court held that section 3 of the Immigration Act of February 5, 1917 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 428914b), which is the basic act, had not been repealed. U. S. ex rel. Gottlieb v. Commissioner of Immigration, 285 Fed. 295; U. S. ex rel. Markarian v. Tod, 290 Fed. 198. The provision here applicable (quoted in full at page 297 of the Gottlieb Case) reads as follpws:

“The provision next foregoing, however, shall not apply to persons of the following status or occupations: 0 * * *Students. * * * ”

1. In…