United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States ex Rel. Stapf v. Corsi, 287 U.S. 129 (1932)

United States ex Rel. Stapf v. Corsi

No. 10

Argued October 17, 1932

Decided November 7, 1932

287 U.S. 129

Syllabus

An alien seaman who had entered the United States irregularly in 1923, but under the three-year limitation of the Immigration Act of 1917, was not subject to deportation, signed in 1929 as a member of the crew of an American ship for a round-trip voyage to Germany. Some time after his return, he was arrested for deportation as an alien who had remained here in violation of the Act of 1924.

Held:

1. Upon his return in 1929, the alien came from a place outside the United States within the meaning of the immigration laws, and his arrival was an entry into this country notwithstanding he was a member of the crew of an American ship which had made a round-trip voyage. P. 287 U. S. 132.

2. That he entered without permission does not entitle him as an alien seaman to more than the sixty days stay allowed by the regulations. P. 287 U. S. 132.

3. The statutory duty of the master to bring back to the United States a seaman who signs for a round-trip voyage could not make his entry in 1929 lawful, nor confer on him the right to remain here permanently. Pp. 287 U. S. 132-133.

4. The fact that he could not have been deported at the time he signed for the round-trip voyage could not make his status upon

Page 287 U. S. 130

his return in 1929 that of an " immigrant previously lawfully admitted to the United States who is returning from a temporary visit abroad," and thus a nonquota immigrant within § 4 of the 1924 Act, since he was not lawfully admitted for permanent residence in 1923. P. 287 U. S. 133.

54 F.2d 1086 affirmed.

Certiorari, 285 U.S. 535, to review a judgment affirming a judgment which dismissed a writ of habeas corpus to secure the release of an alien in deportation proceedings under the Immigration Act of 1924.