Guerino Marinelli v. John P. Ryan, District Director Immigration and Naturalization Service, Hartford, Connecticut

HAND, Circuit Judge.

The plaintiff appeals from a judgment of Judge Smith, under § 1009(b) of Title 5 U.S.C.A., dismissing his complaint to enjoin the execution of an order of the defendant, deporting him to Italy on the ground that he had been convicted in a court of Connecticut of “a crime involving moral turpitude.”

The facts are as follows. On October 15, 1959, the defendant issued an order that the plaintiff should show cause why he should not be deported for “indecent .assault” and exposing a child to the impairment of his morals, for both of which he had been sentenced in the Superior…