United States Supreme Court Cases & Opinions

U.S. Supreme Court

Delgadillo v. Carmichael, 332 U.S. 388 (1947)

Delgadillo v. Carmichael

No. 63

Argued October 22, 1947

Decided November 10, 1947

332 U.S. 388

Syllabus

More than five years after he had entered the United States legally, an alien shipped as a seaman on an American ship bound from Los Angeles to New York. The ship was torpedoed, and he was rescued and taken to Havana, whence he was returned to the United States. He was convicted of a crime involving moral turpitude committed within five years thereafter, and was sentenced to imprisonment for a term of one year to life. Proceedings were instituted for his deportation.

Held: he is not subject to deportation, since his return to the United States was not "the entry of the alien to the United States" within the meaning of § 19.(a) of the Immigration Act of February 5, 1917, as amended. Pp. 332 U. S. 389-391.

159 F.2d 130 reversed.

On a petition for a writ of habeas corpus, the District Court discharged a resident alien who was being held for deportation under § 19(a) of the Immigration Act of February 5, 1917, as amended, 8 U.S.C. § 155(a). The Circuit Court of Appeals reversed. 159 F.2d 130. This

Page 332 U. S. 389

Court granted certiorari. 331 U.S. 801. William A Carmichael was substituted for Albert Del Guercio as respondent. 332 U. S. 806. Reversed, p. 332 U. S. 391.