Compagnie Francaise De Navigation a Vapeur v. Elting

SWAN, Circuit Judge.

The plaintiff steamship company brought to the port of New York in June, 1923, an alien of Italian nationality, who claimed to be returning from a temporary visit abroad to an unrelinquished American domicile. The American consul at Naples, the port of embarkation, had affixed a visa to his passport and noted thereon, “Exception to quota for Italy, returning to domicile in United States.” The quota for Italy had been filled, and the immigration officials, after a hearing at the port of New York, denied the alien’s claim to readmission and ordered his deportation. His…