United States ex rel. Azzarello v. Kessler

HOLMES, Circuit Judge.

John Azzarello came to the United States in 1903. In 1920, in Ohio, he entered a plea of guilty to a charge of second-degree murder, and was sentenced to the penitentiary for life. In 1924, he was granted a commutation of sentence to the time already served, on condition that he leave the United States and never return. Thereafter, he remained outside the United States until December 26, 1927, when he returned, using a passport issued to another, and purchased by him, in Paris. He paid no head tax, was not inspected, and did not possess an immigration visa. After his…