United States ex rel. Barone v. Curran

MANTON, Circuit Judge.

The appellee, born January 17, 1907, in Italy, unmarried and a laborer, who had never been in the United States before, arrived at the port of New York seeking admission. Ho was excluded by the hoard of special inquiry because, after a test, it was found that he was unable to read. After an unsuccessful appeal to the Commissioner of Labor, he sued out this writ of habeas corpus, and the district judge sustained the writ, holding that he was entitled to admission. The court below held that this alien, under 18 years of age, who was said to be a child of a citizen, wa.s…