Legal Opinion

United States Ex Rel. Iorio v. Day

Court of Appeals for the Second Circuit

Decided July 15, 1929No. 372PublishedCited by 45 opinions

1Opinion of the CourtL. Hand, Circuit Judge

(after stating the facts as above). The deportation being upon two findings, its propriety must depend upon these and these alone. Throumoulopolou v. U. S., 3 F.(2d) 803 (C. C. A. 1); Ex parte Turner (D. C.) 10 F.(2d) 816; Ex parte T. Nagata (D. C.) 11 F.(2d) 178. Strictly, the first ground of deportation as it reads is bad in law. The statute does not make it a ground for deportation that the alien has made a false oath upon his application for a visa or used it to get in. It is wrong to say in such a ease that he came in without inspection, or in violation of law. It is true that the…

2Cases cited16 opinions

  1. Gegiow v. UhlSupreme Court of the United States · 1915
  2. Bartos v. United States District CourtCourt of Appeals for the Eighth Circuit · 1927
  3. United States Ex Rel. Medich v. BurmasterCourt of Appeals for the Eighth Circuit · 1928
  4. Rudolph v. United States ex rel. RockCourt of Appeals for the D.C. Circuit · 1925
  5. Ng Fung Ho v. WhiteCourt of Appeals for the Ninth Circuit · 1920

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3Cited by45 opinions

  1. Konigsberg v. State Bar of Cal.Supreme Court of the United States · 1957
  2. Tseung Chu v. CornellCourt of Appeals for the Ninth Circuit · 1957
  3. Wei Cong Mei v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2004
  4. Schmidt v. United StatesCourt of Appeals for the Second Circuit · 1949
  5. Casa De Maryland, Incorporated v. Donald TrumpCourt of Appeals for the Fourth Circuit · 2020

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