United States v. Sprung

Citations

• 187 F. 903
• 110 C.C.A. 37
• 1910 U.S. App. LEXIS 5134

Syllabus

<p>1. Aliens (§ 55*) — Deportation—Construction of Statute — Effect of Previous Residence in United States.</p> <p>Under Immigration Act Feb. 20, 1907, c. 1154, S 20, 54 Stat. 904 (U. S. Comp. St. Supp. 1909, p. 459). which provides that any alien who shall enter the United States in violation of law may be deported at any time within three years after the date of entry, the fact that an alien entering is a resident of the United States and left temporarily is immaterial, and the legality of the last: entry is to be determined as though there had been no previous entry, with the right to deport thereafter if such entry is unlawful.</p> <p>ÍKd. Note.' — For other eases, see Aliens, Cent. Dig. § 112; Dec. Dig. § 53.*J</p> <p>2. Aliens (| 41*) — Claim of Citizenship — .Tcrisdiotion to Determine.</p> <p>Congress lias by ibe immigration statutes lawfully conferred upon executive officers final and exclusive jurisdiction to hear and determine whether any particular individual is an alien or a citizen in so far at least as such determination depends upon conclusions which may be reached upon disputed questions of fact.</p> <p>[Ed. Note. — For other cases, see Aliens, Cent. Dig. §§ 102-104; Dee. Dig. § 44.*]</p> <p>Pritchard, Circuit Judge, dissenting.</p>