Ciambelli v. Johnson
| Decision Date | 09 April 1926 |
| Docket Number | No. 3396.,3396. |
| Citation | 12 F.2d 465 |
| Parties | CIAMBELLI ex rel. MARANCI v. JOHNSON. |
| Court | U.S. District Court — District of Massachusetts |
Michael A. Fredo, of Boston, Mass., for relator.
Harold P. Williams, U. S. Atty., and John W. Schenck, Asst. U. S. Atty., both of Boston, Mass., for defendant.
John Maranci was arrested on a warrant of deportation as an alien who had been 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 into the United States. Section 19, Act Feb. 5, 1917 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 4289¼jj). A writ of habeas corpus is sought on behalf of the alien upon a petition which raises two questions:
First. Whether the alien had been sentenced to imprisonment for a term of one year or more; and
Second. Whether he had been convicted of a crime involving moral turpitude.
The alien landed in this country on October 17, 1920. On the 23d day of March, 1925, he was convicted in the superior court of the commonwealth of Massachusetts upon an indictment charging that he "on the 1st day of February, in the year of our Lord one thousand nine hundred and twenty-five, being armed with a certain dangerous weapon, to wit, a razor, did assault and beat * * * a police officer, * * * who was also in the lawful discharge of his duties as such officer." Upon conviction, the alien was sentenced to the Massachusetts reformatory at Concord, "there to be kept and governed according to the rules of the same, and that he stand committed until he be removed in pursuance of said sentence."
Taking up, first, the question relating to the term of his imprisonment. The laws of Massachusetts provide that the court, in imposing a sentence of imprisonment in a Massachusetts reformatory, shall not fix the term thereof, unless it exceeds five years, but shall merely impose a sentence of imprisonment therein, and that, when sentenced for the offense for which the alien was convicted, the prisoner may be held in the reformatory for not more than two years. Gen. Laws, c. 279, §§ 31 and 32.
The rules of the board of parole, adopted under the authority of Gen. Laws Mass. c. 124, contain the following:
"If he inmate is serving his first term in the reformatory, having been sentenced for a two-year term, he shall on the expiration of eleven months from the date of his commitment to the reformatory, have the right to make an application for a hearing before the board of parole on the question of his release."
The rules further provide that all permits granting liberty shall become effective in thirty days from the date when they shall be voted, unless otherwise provided in the vote. Thus it appears that, while the sentence was indeterminate, it could not, under the statutes and the rules, be less than one year or more than two years.
I am disposed to rule, therefore, on the facts presented, that the alien had been sentenced to imprisonment for a term of one year or more. See, to the same effect, Morlacci v. Smith (D. C.) 8 F.(2d) 663, and Sirtie v. Commissioner of Immigration (D. C.) 6 F.(2d) 233.
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Zaranska v. United States Department of Homeland Security
...was not able to return to work for four days). Last, with respect to Danesh, the BIA in that case relied on Ciambelli ex rel. Maranci v. Johnson, 12 F.2d 465 (D.Mass. 1926) for the proposition that it is possible for a second degree assault perpetrated without a weapon to be a crime involvi......
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Matter of Baker
...to be a crime involving moral turpitude. U.S. ex rel. Zaffarano v. Corsi, 63 F.2d 757, 758 (C.A. 2, 1933); Ciambelli ex rel. Maranci v. Johnson, 12 F.2d 465 (D.Mass., 1926); Matter of B----, 5 I. & N. Dec. 538 (BIA 1953). 14 V.I.C. 299 (1964), provides a maximum sentence of 30 days or $50 o......
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Partyka v. Attorney General of U.S., 04-2804.
...by the BIA, illustrate this point. See United States ex rel. Zaffarano v. Corsi, 63 F.2d 757 (2d Cir.1933); Ciambelli ex rel. Maranci v. Johnson, 12 F.2d 465 (D.Mass.1926). In Zaffarano, the alien was convicted of second degree assault under New York law, but his record of conviction failed......
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Matter of Perez-Contreras
...where the required mens rea may not be determined from the statute, moral turpitude does not inhere. See Ciambelli ex rel. Maranci v. Johnson, 12 F.2d 465 (D. Mass. 1926) (holding that assault and battery upon a police officer does not involve moral turpitude where intent is not charged); M......
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"Crimes Involving Moral Turpitude": The Constitutional and Persistent Immigration Law Doctrine.
...v. Hood, 462 P.2d 370, 374-75 (Cal. 1969); State v. Stasio, 396 A.2d 1129, 1132 (N.J. 1979). (84.) Ciambelli ex rel. Maranci v. Johnson, 12 F.2d 465 (D. Mass. (85.) 12 F.2d 465 (D. Mass. 1926); see also United States ex rel. Griffo v. McCandless, 28 F.2d 287 (E.D. Pa. 1928); cf. Weedin v. T......