Ex parte Saadi
| Decision Date | 21 May 1928 |
| Docket Number | No. 5391.,5391. |
| Citation | 26 F.2d 458 |
| Parties | Ex parte SAADI. SAADI v. CARR. |
| Court | U.S. Court of Appeals — Ninth Circuit |
William H. Wylie and Edgar E. Hendee, both of San Diego, Cal., for appellant.
Samuel W. McNabb, U. S. Atty., and Emmett E. Doherty, Asst. U. S. Atty., both of Los Angeles, Cal., for appellee.
Before GILBERT, RUDKIN, and DIE TRICH, Circuit Judges.
The appellant, a native of Egypt and a citizen of France, was in 1922 permitted to enter the United States. In 1927 he left the United States and crossed the Mexican line at San Ysidro, Cal. He obtained no permit as provided by law (8 USCA § 210), and he failed to register with the immigration officers at San Ysidro as a domiciled alien intending to return to the United States. Later in the same day he presented himself at the same place for re-entry into the United States. On being questioned by the immigration officers, he admitted that he was an alien, and that he had in his possession no evidence to support his claim of domicile in the United States. He was advised that before he could be readmitted he must furnish the required evidence, and he was instructed to reapply the next day. Instead of doing so, he proceeded to a point where it was customary for railroad trains to enter the United States from Mexico, and, upon his representation to the immigration inspector there assigned for duty that he was an American citizen, he was permitted to re-enter the United States. These facts being ascertained by officers at San Diego, a warrant was issued, and the appellant was taken into custody, and, upon a hearing, was ordered to be deported on the ground that he had "entered by means of false and misleading statements, thereby entering without inspection." From the order of the court below denying him a writ of habeas corpus, the appellant appeals.
The appellant contends that the Immigration Act makes no provision for deportation on the ground that an alien has entered the United States "by means of false or misleading statements, thereby entering without inspection." The act provides for the deportation of any one "who enters without inspection," and the charge was distinctly made that the appellant entered without inspection. That charge is not minimized or modified by the further specification that he entered by means of false or misleading statements. To enter without inspection is to enter in evasion of the appropriate investigation for the purpose of ascertaining whether the alien is entitled...
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43 501 Reid v. Immigration and Naturalization Service 8212 1541
...by making a willfully false representation that he is a United States citizen may be charged with entry without inspection. Ex parte Saadi, 26 F.2d 458 (CA9), cert. denied, 278 U.S. 616, 49 S.Ct. 21, 73 L.Ed. 540 (1928); United States ex rel. Volpe v. Smith, 62 F.2d 808 (CA7), aff'd on othe......
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Goon Mee Heung v. Immigration and Naturalization Serv., 6828.
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...defeats it--fraud, deceit, or duress--negatives it, avoids it."), aff'd., 289 U.S. 422, 53 S.Ct. 665, 77 L.Ed. 1298 (1933); Saadi v. Carr, 26 F.2d 458 (9th Cir.) ("To enter without inspection is to enter in evasion of the appropriate investigation for the purpose of ascertaining whether the......
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Paris v. Shaughnessy
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