United States Ex Rel. Volpe v. Smith

Of the two legal propositions discussed in the opinion, the first was decided by Judge Wilkerson in appellant’s favor, and the second against him. This court now decides both against him. I am convinced that Judge Wilkerson was right on the first and wrong on the second, and that this court is wrong on both.

While the record discloses matters well calculated to make one “see red,” to my mind these things have no bearing on the right to re-entry of this domiciled alien who had first entered at sixteen, and in 1928, twenty-two years after this entry, was returning from Cuba from a few days’…