United States ex rel. Patti v. Curran

THACHER, District Judge.

The grounds of exclusion were illiteracy and nonpossessibn of an unexpired return permit or an immigration visa, the exclusion being based, not upon the exercise of the Secretary of Labor’s discretion, but upon the theory, expressly found, that no discretion could be exercised in this case. Illiteracy may first be considered, since that affects the substantive right to enter, while the other objection is formal and procedural.

The Board of Special Inquiry, correctly held that the seventh proviso of section 3 of the act of 1917 and rule 12 of the Immigration Rules of…