Ranieri v. Smith
| Decision Date | 11 June 1931 |
| Docket Number | No. 4522.,4522. |
| Citation | 49 F.2d 537 |
| Parties | RANIERI v. SMITH, District of Director of Immigration, et al. |
| Court | U.S. Court of Appeals — Seventh Circuit |
John A. Chumbley, of Washington, D. C., for appellant.
L. H. Bancroft, of Richland Center, Wis., for appellees.
Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.
Alien, a citizen of Italy, entered the United States June 21, 1924. On December 19, 1929, he was arrested by an immigration inspector upon a warrant which charged him with managing a house of prostitution, and deriving benefit from and assisting a prostitute, in violation of the Act of February 5, 1917, 39 Stat. 889, 8 USCA § 155. The warrant was secured from the Department of Labor by telegraphic communication by virtue of rule 18, subdiv. B, par. 1. The application followed immediately, containing the facts prescribed by the statute. The record is silent as to the necessity for a telegraphic warrant. Hearings were had before the inspector on December 19 and 20, 1929, February 3 to 6, 1930, inclusive, and on April 9 to 11, inclusive. At these hearings the alien appeared in person and by attorney, and the various adjournments were had at his request, and by reason thereof he stipulated that cross-examination of witnesses from whom the government had secured evidence would be waived by alien in the event the government was unable to locate the witnesses, with the reservation that alien might cross-examine such witnesses if he could produce them.
The testimony at these hearings was taken down in shorthand by the inspector, and by him transcribed and certified to be correct. The record shows that the witnesses were sworn, but in no instance did any witness sign his testimony. The application and warrant were produced at the hearing and read to and examined by the alien and his attorney. The preliminary statements of the witnesses examined were introduced as evidence at the hearing and submitted to the alien and his attorney, and lengthy and vigorous cross-examinations thereon were had on behalf of the alien. Deportation was recommended by the inspector, and the Department of Labor issued an order to that effect. This proceeding was thereupon instituted and a record of the above facts submitted to the court, and it dismissed the petition.
By the appeal two questions are raised: (1) Was there any competent evidence to support the findings of the immigration authorities? (2) Was the hearing unfair? Ex parte Cahan (D. C.) 42 F.(2d) 664.
Alien insists that the hearing was unfair for the following reasons: (1) The preliminary statements of witnesses were not competent evidence. (2) They were neither signed nor sworn to. (3) The inspector had no authority to administer oaths. (4) Alien was prejudiced by the fact that inspector acted as stenographer and transcriber. (5) He was prejudiced by the fact that such statements were taken in the presence of other officers of the law.
It was held in Ex parte Hidekuni Iwata (D. C.) 219 F. 610, that evidence used to obtain a warrant against the alien was admissible at the hearing. In the case...
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United States v. Schlotfeldt, 6934.
...court is bound by the same limitations. The order of the District Court is affirmed. 1 Hays v. Zahariades, 8 Cir., 90 F.2d 3; Ranieri v. Smith, 7 Cir., 49 F.2d 537; Ghiggeri v. Nagle, 9 Cir., 19 F.2d 875; Kjar v. Doak, 7 Cir., 61 F.2d 2 Lewis v. Frick, 233 U.S. 291, 34 S.Ct. 488, 58 L.Ed. 9......
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Kielema v. Crossman, 8963.
...There was substantial evidence to support the findings and deportation order. Lindsey v. Dobra, 5 Cir., 62 F.2d 116; Ranieri v. Smith, 7 Cir., 49 F.2d 537; Jew Hong Sing v. Tillinghast, 1 Cir., 35 F.2d. The judgment is affirmed. ...
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Chiuye Inouye v. Carr, 8755.
...where prostitution was carried on, and where known prostitutes gathered, with the knowledge of appellant. In the case of Ranieri v. Smith, 7 Cir., 49 F.2d 537, 538, where the alien had been arrested by an Immigration Inspector upon a warrant which charged him with managing a house of prosti......