Bendel v. Nagle
| Citation | 17 F.2d 719 |
| Decision Date | 28 February 1927 |
| Docket Number | No. 4961.,4961. |
| Parties | BENDEL v. NAGLE, Commissioner of Immigration. |
| Court | U.S. Court of Appeals — Ninth Circuit |
William J. Gloria and Walter F. Lynch, both of San Francisco, Cal., for appellant.
Geo. J. Hatfield, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.
Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.
This is an appeal from an order denying a petition for a writ of habeas corpus. The appellant is an alien, and was first admitted to the United States in 1908. He has resided in this country continuously from the time of his original entry, except for three visits to the Dominion of Canada, each of a few months' duration. He returned to the United States from Canada on his last visit in April, 1924, and was thereafter apprehended under a warrant dated May 20, 1924, reciting that he had been found in the United States in violation of the Immigration Act of February 5, 1917 (Comp. St. ß 4289ºa et seq.), for the following, among other, reasons: "That he was a person likely to become a public charge at the time of his entry, and that he has been convicted of or admits the commission of a felony or other crime or misdemeanor involving moral turpitude, to wit, carnal knowledge, prior to his entry into the United States." A hearing was had and deportation was ordered on the second ground stated in the warrant.
It appeared from the testimony taken before the Immigration Officers that the appellant was convicted of the crime of having carnal knowledge of a female child of the age of 15 years, in the criminal court of Baltimore City, Maryland, in December, 1921, and was sentenced to imprisonment in the Maryland House of Correction for the term of two years. Section 3 of the Immigration Act of February 5, 1917 (39 Stat. 875 Comp. St. ß 4289ºb), excludes from the United States "persons who have been convicted of or admit having committed a felony or other crime or misdemeanor involving moral turpitude." Section 19 of the same act (Comp. St. ß 4289ºjj) provides that, at any time within five years after entry, "any alien who at the time of entry was a member of one or more of the classes excluded by law," and, "except as hereinafter provided, any alien who is hereafter sentenced to imprisonment for a term of one year or more because of conviction in this country of a crime involving moral turpitude, committed within five years after the entry of the alien to the United States, or who...
To continue reading
Request your trial
-
Franklin v. I.N.S.
...nature." See id. at 922 (spousal abuse); Guerrero de Nodahl v. INS, 407 F.2d 1405, 1406-07 (9th Cir.1969) (child abuse); Bendel v. Nagle, 17 F.2d 719, 720 (9th Cir.1927) (statutory rape). Incest also involves an act of baseness or depravity contrary to accepted moral standards, and we hold ......
-
Plasencia-Ayala v. Mukasey
...919, 920 (9th Cir.1993) (spousal abuse); Guerrero de Nodahl v. INS, 407 F.2d 1405, 1406-07 (9th Cir.1969) (child abuse); Bendel v. Nagle, 17 F.2d 719, 720 (9th Cir.1927) (statutory rape). However, in each of those cases, the statutes at issue served to protect "vulnerable classes of citizen......
-
United States v. Esperdy
...abuse of a female sixteen years of age. This crime has been likened to statutory rape and involves moral turpitude. Bendel v. Nagle, 17 F.2d 719, 57 A.L.R. 1129 (9 Cir. 1927); Pino v. Nicolls, 119 F.Supp. 122, 128 (D.C.Mass.1954), aff'd. 215 F.2d 237 (1 Cir. 1954), rev'd. on other grounds P......
-
Zacharias v. McGrath
...v. Williams, 1914, 232 U.S. 78, 34 S.Ct. 196, 58 L.Ed. 515. Lewis v. Frick, 1914, 233 U.S. 291, 34 S.Ct. 488, 58 L.Ed. 967. Bendel v. Nagle 9 Cir., 1927, 17 F.2d 719. Thus, regardless of other qualifications the statutes clearly require that a non-quota immigrant seeking re-admission to the......