Legal Opinion
United States Ex Rel. Lesto v. Day
Court of Appeals for the Second Circuit
Decided August 4, 1927No. 356PublishedCited by 28 opinions
1Opinion of the CourtSwan, Circuit Judge
(after stating the facts as above). It is well settled that administrative action by the immigration officials may not be upset by the courts, unless no fair investigation was had, or there was a manifest abuse of discretion, or some error of law was committed. Low Wah Suey v. Backus, 225 U. S. 460, 32 S. Ct. 734, 56 L. Ed. 1165; United States ex rel. Markin v. Curran, 9 F.(2d) 900 (C. C. A. 2). That the court itself might have reached ah opposite conclusion upon the evidence is not enough to justify its interference. United States v. Rodgers, 191 F. 970, 974 (C. C. A. 3); Tisi v. Tod, 264 U.…
2Cases cited7 opinions
- Low Wah Suey v. BackusSupreme Court of the United States · 1912
- United States Ex Rel. Tisi v. TodSupreme Court of the United States · 1924
- States ex rel. Devenuto v. CurranCourt of Appeals for the Second Circuit · 1924
- Johnson v. Keating Ex Rel. TarantinoCourt of Appeals for the First Circuit · 1926
- United States ex rel. Randazzo v. TodCourt of Appeals for the Second Circuit · 1924
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Rosendo Chavez-Ramirez and Zenaida Calderon De Chavez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1986
- Ali Zain Ahmed v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2002
- Lolita I. Alvarez v. District Director of the U. S. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1976
- Jose Tiania Tejeda v. United States Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1965
- KANEBoard of Immigration Appeals · 1975
23 more not listed; retrieve them via the Exa API.