Opinion · Court of Appeals for the Second Circuit

United States ex rel. Allessio v. Day

42 F.2d 217

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1930-05-19
Topic
general

PER CURIAM. The appellant, a native of Italy, was born November 9, 1898, and entered the United States during the year 1900. On May 7, 1919, he was convicted of the crime of manslaughter in the first degree and sentenced to a term of from four years and three months to ten years. On September 30, 1922, he was paroled. He left the United States on September 5, 1925, going to Italy and returning on March 3, 1926, having in his possession a re-entry permit.

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Cited by
8 opinions
UNITED STATES v. DAY,42 F.2d 217(2nd Cir. 1930)
UNITED STATES ex rel. ALLESSIO v. DAY, Commissioner of Immigration at Port
of New York.
No. 374.
Circuit Court of Appeals, Second Circuit.
May 19, 1930.
Appeal from the District Court of the United States for the Southern District of New York.

Habeas corpus proceeding by the United States, on the relation of John Allessio, against Benjamin M. Day, Commissioner of Immigration at the Port of New York, who arrested relator and directed his deportation pursuant to Act Feb. 5, 1917, c. 29, § 19, 39 Stat. 889, 8 USCA § 155. From an order dismissing the writ, relator appeals.

Affirmed.
Vito Marcantonio, of New York City, for appellant.

Charles H. Tuttle, U.S. Atty., of New York City (Frank W. Ford, Asst. U.S. Atty., of New York City, of counsel), for appellee.
Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.
PER CURIAM.
The appellant, a native of Italy, was born November 9, 1898, and entered the United States during the year 1900. On May 7, 1919, he was convicted of the crime of manslaughter in the first degree and sentenced to a term of from four years and three months to ten years. On September 30, 1922, he was paroled. He left the United States on September 5, 1925, going to Italy and returning on March 3, 1926, having in his possession a re-entry permit. On September 9, 1928, he was sentenced to a term of three years for counterfeiting in the district of New Jersey. He completed his term December 9, 1929, and was taken into custody by the immigration authorities, and, after a hearing, directed to be deported. At no time did he become an American citizen. The crimes for which he was convicted involved moral turpitude. The statute (section 19, c. 29, Act Feb. 5, 1917, 39 Stat. 889, 8 USCA § 155), provides that an alien who is, after entry, imprisoned for a term of one year or more because of conviction in this country of a crime involving moral turpitude committed within five years after entry of the alien to the United States "or who is sentenced more than once to such a term of imprisonment because of conviction in thisPage 218country of any crime involving moral turpitude, committed at any time after entry; * * * shall, upon the warrant of the Secretary of Labor, be taken into custody and deported. * * *"

Since the appellant was convicted twice since his original entry into the country, his return to Italy and re-entry upon a return permit after his visit there is of no importance. He may be deported because he was convicted more than once. Johnson v. United States (1928)28 F.2d 810(C.C.A. 2).

Order affirmed.