United States ex rel. Gioia v. Curran

LEARNED HAND, Circuit Judge.

I think that this writ must be sustained. The question turns upon the meaning of section 34 of the Immigration Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 428914s) and of section 2 (d) of the Quota Act (Comp. St. Ann. Supp. 1923, § 4289%a), especially upon that clause in the second proviso of the lat-¡ *905ter which reads, "aliens returning from a temporary visit abroad.” , This alien came in originally on August 28, 1920, as a deserting seaman, and his entry was therefore illegal. He lived here continuously until January 29, 1924, when he went abroad to fetch…