United States ex rel. De Sousa v. Day
Court of Appeals for the Second Circuit
1Opinion of the CourtAugustus N. Hand, Circuit Judge
(after stating the facts as above). The alien in this ease was neither accompanied by nor coming to a parent, and was slightly under 16 years of age. Section 3 of the act of 1917, supra, providing that the alien “may, in the discretion of the Secretary of Labor, be admitted if in his opinion” he is “not likely to become a public charge and” is “otherwise eligible,” is therefore applicable.
The Secretary of Labor exercised his discretion by rule 3, subdivision N, and we can see no reason why he should not exercise it in such a way. The Secretary doubtless might, under the statute, have treated…
2Cases cited10 opinions
- Gegiow v. UhlSupreme Court of the United States · 1915
- United States Ex Rel. Smith v. CurranCourt of Appeals for the Second Circuit · 1926
- Hosaye Sakaguchi v. WhiteCourt of Appeals for the Ninth Circuit · 1922
- Wallis v. United States ex rel. MannaraCourt of Appeals for the Second Circuit · 1921
- Ex parte MitchellDistrict Court, N.D. New York · 1919
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3Cited by10 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Cook County, Illinois v. Chad F. WolfCourt of Appeals for the Seventh Circuit · 2020
- Ming Wang v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1979
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Perez v. RenoDistrict Court, W.D. Texas · 1998
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