15 F.2d 878 (S.D.Tex. 1926), Ex parte Rodriguez

• Citation: 15 F.2d 878
• Party Name: Ex parte RODRIGUEZ, et al.
• Court: United States District Courts, 5th Circuit, Southern District of Texas

Page 878

15 F.2d 878 (S.D.Tex. 1926)

Ex parte RODRIGUEZ, et al.

United States District Court, S.D. Texas, Laredo Division.

1926

M. J. Raymond, of Laredo, Tex., for petitioners.

D. Heywood Hardy, Asst. Dist. Atty., of Houston, Tex., for department.

HUTCHESON, District Judge.

The warrant as to Julian Rodriguez is based upon the following findings: That he was a person likely to become a public charge at the time of his entry into the United States; that he has been convicted of, or admits having committed, a felony or other crime, or misdemeanor involving moral turpitude, prior to entry into the United States, to wit, adultery; and that he imported, or attempted to import, a person for an immoral purpose.

As to Juana Martinez: That she entered by means of false and misleading statements, thereby entering without inspection; that she was a person likely to become a public charge at the time of her entry; that she has been convicted of, or admits having committed, a felony or other crime involving moral turpitude, prior to entry into the United States, to wit, adultery; and that she entered the United States for an immoral purpose.

The facts are that both of the persons had been living in the United States for many years; that for more than 15 years they had been living together as man and wife, both of them having been previously married, but their respective spouses having abandoned them in each case more than 3 years before they entered into their new relations.

Only the river separates the United States from Mexico, and persons pass constantly to and from the two republics by means of the bridge and the ferries. Juana Martinez, in February of this year, crossed the bridge to Nuevo Laredo in the morning, intending to come back the same night, and, on returning, was stopped by the inspector; that, upon Julian Rodriguez advising the immigration inspector at the bridge that Juana was his wife, she was permitted to come over; that Julian Rodriguez, in pursuance of his practice of making trips across the river into Mexico, had been in Mexico two or three days before the hearing, going and coming back the same day. The evidence in the case shows that the petitioners have a business ample to support them, and that they have never wanted for the necessary means of support.

On the first charge, that they are likely to become public charges, the government relies...