United States ex rel. Grimaldi v. Ebey

EVANS, Circuit Judge.

Following a conviction of a violation of the “act to prohibit the importation and use of opium for other than medicinal purposes,” appellant, an alien, served his sentence in the penitentiary. Upon a discharge the government sought to deport him, relying upon section 2, subd. (e), of the 1922 amendment, sometimes known as the Jones-Miller Act (Comp. St. Ann. Supp. 1923, § 8801), which reads as follows :

“Any alien who at any time after his entry is eonvieted under subdivision (e) shall, upon the termination of the imprisonment imposed by the court upon such conviction and…