United States ex rel. Orisi v. Marshall

DAVIS, Circuit Judge.

This is an appeal from an order of the District Court dismissing a writ of habeas corpus sued out by the relator.

He first came to the United States in 1912 and remained here until 1921, when he returned to Italy, his native country. He came back to the United States on September 18, 1923, and it is alleged, in a short stipulation of facts made by some one for the relator, that he was admitted at New York “as a transient destined to Canada.” He went from New York directly to Canada, where he remained for two days. He then returned to the United States and resided here from…