Legal Opinion

United States ex rel. De Rienzo v. Rodgers

Court of Appeals for the Third Circuit

Decided April 12, 1911No. Nos. 14, 1,450PublishedCited by 16 opinions

In Error to the District Court of the United States for the Eastern District of Pennsylvania. Petition for habeas corpus by the United States, on relation of Pasquale De Rienzo, by his father and next friend, Domenico De Rienzo, against John J.. S. Rodgers, United States Commissioner of Immigration, and others, to obtain petitioner’s release from custody under a deportation order passed by a board of special inquiry in immigration proceedings.

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In Error to the District Court of the United States for the Eastern District of Pennsylvania. Petition for habeas corpus by the United States, on relation of Pasquale De Rienzo, by his father and next friend, Domenico De Rienzo, against John J.. S. Rodgers, United States Commissioner of Immigration, and others, to obtain petitioner’s release from custody under a deportation order passed by a board of special inquiry in immigration proceedings. There was a judgment of the District Court (182 Fed. 274) dismissing the petition, and plaintiff brings error.

1Opinion of the Court

GRAY, Circuit Judge.

This case arises on an appeal from a decree dismissing a writ of habeas corpus. On the hearing in the court below, it appeared that the relator, Pasquale De Rienzo, was a minor, 14 years of age, a native of Italy. He arrived at Philadelphia on the steamship Taormina, from Naples, on July 31, 1910. Upon arrival, he was examined by two medical officers of the United States Public *335Health and Hospital Marine Service, who certified that he had “idiocy, which condition could have been determined by competent medical examination at the port of foreign embarkation.” Thereafter, on…

2Cases cited6 opinions

  1. United States v. Wong Kim ArkSupreme Court of the United States · 1898
  2. Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
  3. Zartarian v. BillingsSupreme Court of the United States · 1907
  4. United States ex rel. Abdoo v. WilliamsU.S. Circuit Court for the District of Southern New York · 1904
  5. In re Di SimoneDistrict Court, E.D. Louisiana · 1901

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3Cited by16 opinions

  1. Kaplan v. TodSupreme Court of the United States · 1925
  2. In Re PaoliDistrict Court, N.D. California · 1943
  3. United States v. ParisiDistrict Court, D. Maryland · 1938
  4. In Re ScriverDistrict Court, W.D. New York · 1935
  5. In re VasicekDistrict Court, E.D. Missouri · 1921

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