United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States ex Rel. Volpe v. Smith, 289 U.S. 422 (1933)

United States ex Rel. Volpe v. Smith

No. 724

Argued May 10, 1933

Decided May 22, 1933

289 U.S. 422

Syllabus

1. The crime of counterfeiting obligations of the United States involves moral turpitude. P. 289 U. S. 423.

2. In § 19 of the Immigration Act of February 5, 1917, the provision that any alien who was convicted, or who admits the commission, "prior to entry," of a crime involving moral turpitude shall be deported applies to an alien who committed the crime in this country while lawfully here, and who afterwards went abroad and returned. P. 289 U. S. 424.

3. The second coming of an alien from a foreign country into the United States is an entry. P. 289 U. S. 425.

Page 289 U. S. 423

4. The fact that an immigration officer to whose custody an alien was remanded for deportation, in a habeas corpus proceeding, had been moved to another station held not to have caused the proceeding to abate, it appearing that he remained attached to the Department of Labor, presumably with authority to execute the order of deportation, and the question of abatement not having been raised until long after his transfer and after the case had reached this Court. P. 289 U. S. 426.

62 F.2d 808 affirmed.

Certiorari to review the affirmance of a judgment dismissing a proceeding in habeas corpus.