Siniscalchi v. Thomas

Citations

• 195 F. 701
• 115 C.C.A. 501
• 1912 U.S. App. LEXIS 1420

Syllabus

<p>1. Alievs (§ 54*)—Deportation—Nature op Proceedings.</p> <p>Proceedings for the deportation of an alien under the immigration statutes aro in no proper sense a trial for a crime or offense nor. governed by tlie rules of such trials as to pleadings or evidence.</p> <p>[Ed. Note.—For other cases, see Aliens, Cent. Dig. § 112; Dec. Dig. § 51.*]</p> <p>2. Aliens (§ 54*)—Deportation—Sufficiency op Evidencio.</p> <p>A certificate from a court of his native country showing that an alien was convicted of rape is sufficient to sustain a finding that he was convicted of an offense involving moral turpitude, which excludes him from entry into, or the right, to remain in, the United States under Immigration Act Feb. 20, 1907, e. 1134, §. 2, 34 Stat. 898 (U. S. Comp. St. Supp. 1909, p. 448), regardless of the length of the sentence imposed.</p> <p>[Ed. Note.—For other cases, see Aliens, Cent. Dig. § 112; Dec. Dig. § 54.*]</p> <p>3. Aliens (§ 54*)—Right of Deportation—Three Years’ Limitation—Effect of Previous Residence.</p> <p>Where an alien who has been a resident of the United States leaves it, even for a temporary purpose, and returns, the power of the Secretary of Commerce and Labor to deport him under Act Eel). 20, 1907, e. 1134, § 21, 34 Stat. 905 (U. S. Comp. St. Supp. 1909, p. 459), exists for three years after his last entry.</p> <p>[Ed. Note.—Eor other cases, see Aliens, Gent. Dig. § 112; Dee. Dig. § 54.*]</p> <p>4. Aliens (§ 54*)-—Deportation—Grounds and Hearing Thereon.</p> <p>That a warrant’ of deportation of an alien was based in part on a fact not charged in the warrant of arrest is not a fatal objection, where it apjiears that the alien was given a fair hearing on the charge.</p> <p>[Ed. Note.—For other cases, see Aliens, Cent. Dig. § 112; Dee. Dig. § 54.*]</p> <p>5. Aliens (§ 40*)—Deportation—Constitutionality and Construction of Statute.</p> <p>The provision of section 3 of Immigration Act Feb. 20, 1907, e. 1134, 34 Stat. 899 (U. S. Comp. St. Supp. 1909, p.