United States ex rel. Alther v. McCandless

The opinion of the District Court was as follows:

The relator Lothar K. Alther, a Swiss citizen, is being held for deportation. The warrant is based upon two findings of which only the first need be considered. It is that the relator was at the time of his entry into the United States a quota immigrant not in possession of a quota immigration visa.

This alien’s last entry into the United States was on January 18, 1927, at St. Al-ban’s, Vt., under a permit to re-enter issued December 30, 1926. The government contends that this permit was obtained by fraudulent concealment and misstatement of…