United States ex rel. Eichenlaub v. Watkins

FRANK, Circuit Judge.

Relator contends that 22 U.S.C.A. § 233 was repealed and that therefore he was not convicted of any crime enumerated in 8 U.S.C.A. § 157. We cannot agree; the 1940 Act did not repeal but merely increased the penalty prescribed in 22 U.S. C.A. § 233.3 Nor do we agree with his contention that 8 U.S.C.A. § 157 does not include one who was a citizen when convicted but who is subsequently denaturalized. We think the decree of denaturalization relates'back, at least for this purpose. Cf. Rosenberg v. United States, 3 Cir., 60 F.2d 475.

He also urges that the deportation warrant…