United States ex rel. Filippini v. Day

HAND, Circuit Judge.

Upon the argument the respondent conceded that in the ease of an alien seaman the unlawfulness of the original entry standing alone was not enough to justify deportation. Under section 34 (Comp. St. § 4289%s), the alien must be shown to be independently excludable under the basic law. U. S. ex rel. Gioia v. Curran (D. C. May 8, 1924) 11 F.(2d) 904. Similarly it was conceded that there was no basis for a finding that the relator was likely to become a public charge. There remains, therefore, only the question of his entry on June 8,1923, in excess of the quota at that time…