Legal Opinion

United States ex rel. Gentile v. Day

Court of Appeals for the Second Circuit

Decided April 9, 1928No. 310PublishedCited by 2 opinions

1Opinion of the CourtL. Hand, Circuit Judge

(after stating the facts as above). We are to distinguish this ease from one where the alien upon entry falsely swears that he comes for a temporary .visit when in fact he means to stay permanently. Perhaps in such a case he is within section 19 of the Act of 1917 (8 USCA § 155) as a person who has entered “in violation of” a “law of the United States.” The alien is required to testify to the truth at the hearing before a board of special inquiry under section 17 (8 USCA § 153), and, if he procures his entry by deceit, it may be that he is within section 19, even though he might have got in…

2Cited by2 opinions

  1. Subhi Mustafa Sadi v. United StatesCourt of Appeals for the Second Circuit · 1931
  2. United States ex rel. Barchi v. DayDistrict Court, S.D. New York · 1930

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