24 F.2d 707 | E.D. Pa. | 1928
The conclusion reached is that the relator should be discharged.
Discussion.
The relator came to this country in July, 1923. There is no record that this passport was viséd. The deportation order is based upon section 19 of the Act of February 5, 1917 (8 USCA § 155); the relator being subject to deportation under the provisions of the Act of May 22, 1918 (22 USCA 223 et seq.), and the proclamation of the Chief Executive thereunder; the quota law of May 19,1921, as construed by resolution approved May 11, 1922 (Comp. St. 4289%-4289%dd) being applicable. Had the relator come to the United States after July 1, 1924, the power to deport him would be clear. It is admitted, however, that the provisions of the act of that date are not retroactive. The distinction must be recognized between a law made for the guidance of officials in a direction that passports should be vised and a law which deports the immigrant because of the absence of such visé. The act of 1924 (8 USCA §§ 166, 167, 179, 201-226) confers this latter power, and so likewise does the proclamation of the President. The act of 1924, we have seen, is not applicable, and the act under which the proclamation was made was a war measure, which has since been repealed.
The relator charges that the “fair hearing” to which he has a right has been denied him; in that there is no evidence upon which the findings are based. The record bears him out in- this. A man who had a serious grievance against the father of the relator sought to revenge his wrqngs by in
It is urged that what are called the war measure provisions have not been repealed (as we have found), but were expressly kept in force by the Act of March 2, 1921 (41 Stat. 1217 [22 USCA § 227]). This is true, so far as respects the requirement of passports and vises. It is not true, however, in respect to the power to deport. This is the distinction which we before attempted to express.
An order discharging the relator without day may be submitted.