United States ex Rel. Cateches v. Day, 283 U.S. 51 (1931)

U.S. Supreme Court

United States ex Rel. Cateches v. Day, 283 U.S. 51 (1931) United States ex Rel. Cateches v. Day

No. 336

Argued March 2, 1931

Decided March 23, 1931

283 U.S. 51

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

Decided upon the authority of Phippides v. Day, ante, p. 283 U. S. 48.

5 F.2d 142 affirmed.

Certiorari, 282 U.S. 817, to review a judgment affirming an order dismissing a writ of habeas corpus.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This case also arose in the Second Circuit, upon facts similar to those in No. 92, ante, p. 283 U. S. 48. The petitioner arrived in this country in October, 1925, upon an Italian ship, deserted at once, and since has been engaged in land employment. He was arrested May 8, 1929, and after hearing was ordered to be deported on the same ground as the petitioner in No. 92. A writ of habeas corpus was applied for alleging that the arrest was not made within three years from the date of entry. The writ was dismissed by the district court and the order was affirmed by the circuit court of appeals. A writ of certiorari was granted by this Court.

Judgment affirmed.