Legal Opinion

United States ex rel. David v. Tod

Court of Appeals for the Second Circuit

Decided March 13, 1923No. Nos, 159, 190PublishedCited by 14 opinions

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). It may be assumed for purposes of argument that both these aliens belonged to classes which, under the act of 1907, had to be deported, if at all, within three years from their respective entries. But an alien unprotected by treaty is an intruder; his status is matter of statute, and irrespective of mere lapse of time may be regulated, declared, and redeclared by successive statutes. We thus follow the Ninth Circuit in holding that the provisions regarding deportation contained in the act of 1917 are retroactive, as was held in Akira Ono v. United States,…

2Cases cited7 opinions

  1. Lauria v. United StatesCourt of Appeals for the Second Circuit · 1921
  2. Chew v. ConnellCourt of Appeals for the Ninth Circuit · 1916
  3. Akira Ono v. United StatesCourt of Appeals for the Ninth Circuit · 1920
  4. Botis v. DaviesDistrict Court, N.D. Illinois · 1909
  5. United States ex rel. Calamia v. RedfernU.S. Circuit Court for the District of Eastern Louisiana · 1910

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3Cited by14 opinions

  1. Weedin v. Tayokichi YamadaCourt of Appeals for the Ninth Circuit · 1925
  2. United States ex rel. Patton v. TodCourt of Appeals for the Second Circuit · 1924
  3. Hughes v. TropelloCourt of Appeals for the Third Circuit · 1924
  4. United States ex rel. Danikas v. DayCourt of Appeals for the Second Circuit · 1927
  5. United States ex rel. Patton v. TodDistrict Court, S.D. New York · 1923

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