United States ex rel. Barchi v. Day

WOOLSEY, District Judge.

The writ herein is dismissed.

This result seems to me inescapable under the facts of this ease to which I have given the most careful consideration.

It is quite true, as is contended in the relator’s behalf, that when he first came here on October 14, 19231, as part of the Sistine Choir he could have availed himself of the fact that he was a singing artist and have stayed here legally, irrespective of the quota, and irrespective of the terms of his admission. U. S. ex rel. Gentile v. Day (C. C. A.) 25 F.(2d) 717.

Unfortunately for him, the relator did not do as Gentile…