Legal Opinion · Concurrence

Charles Babouris v. P. A. Esperdy, District Director of Immigration and Naturalization for the District of New York

Court of Appeals for the Second Circuit

Decided August 18, 1959No. 267, Docket 25472Published

1ConcurrenceClark, Chief Judge

Our holding, as I understand it, is that the offense here immediately in issue is a crime “involving moral turpitude,” as *624that phrase is used in § 241(a) (4) of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1251(a) (4). We do not hold, however, or even suggest or intimate, that a conviction for violation of any of the other paragraphs of this broad state statute, which cover disorderly conduct, simple assaults, etc. — all without the benefit of trial to a jury — is a ground for deportation under the Federal Act. Compare Holzapfel v. Wyrsch, 3 Cir., 259 F.2d 890, and Gubbels v. Hoy,…

2Cases cited2 opinions

  1. Jacques Arthur Gubbels v. Richard C. Hoy, as District Director, Immigration and Naturalization Service, Los Angeles, CaliforniaCourt of Appeals for the Ninth Circuit · 1958
  2. Holzapfel v. WyrschCourt of Appeals for the Third Circuit · 1958

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