Legal Opinion

United States ex rel. Variano v. Curran

District Court, S.D. New York

Decided March 4, 1924Published

1Opinion of the CourtLearned Hand, District Judge

(after stating the facts as above). The relator maintains in effect that the wife of any resident alien must be admitted regardless of the Quota Law, whether or not *469at the time, of his entry he was within any of the classes excepted from exclusion in section 3 of the Act of 1917 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 42891,4b), or in section' 2 (d) of the Quota Law (Comp. St. Ann. Supp. 1923, § 42891/^a). The most plausible argument for this position is that such an alien is always within an excepted class, because he may at any time leave the United States on a temporary visit, and…

2Cases cited2 opinions

  1. United States ex rel. Markarian v. TodCourt of Appeals for the Second Circuit · 1923
  2. United States ex rel. Aznar v. Commissioner of ImmigrationDistrict Court, S.D. New York · 1924

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