United States ex rel. Morlacci v. Smith

HAZEL, District Judge.

The_ relator in his petition claims that he is unlawfully detained by the Department of Labor for deportation to Italy under section 19 of the Act of February 5, 1917, commonly known as the Immigration Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 42891/4jj)- The return shows that the relator was sentenced to the Elmira Reformatory until discharged by law, because of his conviction of assault in the second degree, an assault committed within five years atfer the alien’s entry in the United States, and, moreover, • that at the time of his entry he was likely to become…