Costanzo v. Tillinghast

I concur for the reason that the present case is covered by the decision of this court in Cafara ex rel. De Filippo v. Tillinghast, 31 F.(2d) 1009.

As an original question this construction of the statute seems to me erroneous, and the view of it taken in Hughes, Commissioner, v. Tropello (C. C. A.) 296 F. 306, which I followed—the Cafara Case not being called to my attention—and somewhat elaborated in Tillinghast v. Cresswell, 54 F.(2d) 459 (C. C. A., 1st Cir.), decided December 17, 1931, to be the correct one. There are possibilities of shocking cruelty, as the cases show, in a deportation…