236 F. 285 | N.D. Ohio | 1916
Cantini’s Case was under circumstances almost parallel with those of the case at bar. Like Griminger, he went back to the old country to visit, fell in love with a girl there, married her, and had a child born to him. The only substantial difference between the two sets of circumstances is that Cantini got back to the United States in less than 2 years or about 6 months sooner than did Griminger. The Third Circuit Court of Appeals held, as a question of fact, applying these circumstances, that Cantini had not resided continuously in the United States for 5 years prior to his application. We feel that this decision should be followed. If that decision is right, of course Griminger’s Case is less entitled to a different conclusion.
Our conclusion is that the demurrer to the petition should be overruled.