United States v. Martineau, No. 321.

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtL. HAND, SWAN, and CHASE, Circuit
Citation97 F.2d 503
PartiesUNITED STATES ex rel. DI TOMASSO v. MARTINEAU, Immigration Inspector and District Commissioner of Immigration for Connecticut.
Decision Date06 June 1938
Docket NumberNo. 321.

97 F.2d 503 (1938)

UNITED STATES ex rel. DI TOMASSO
v.
MARTINEAU, Immigration Inspector and District Commissioner of Immigration for Connecticut.

No. 321.

Circuit Court of Appeals, Second Circuit.

June 6, 1938.


Edward L. Fenton, of Springfield, Mass., for appellant.

Robert P. Butler, U. S. Atty., and V. J. Sacco, Asst. U. S. Atty., both of Hartford, Conn., for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The relator is an alien who arrived in this country in 1919; he was then only nine years old. In 1930 he was convicted in the city court of Hartford, Connecticut, of maintaining a house of prostitution, soliciting for purposes of prostitution and engaging in prostitution. Upon appeal to the superior court, which vacates the prior judgment and involves a trial de novo, a charge of fornication was substituted for the former charges. To this he pleaded guilty and was sentenced to six months' imprisonment, the superior court judge who imposed the sentence recommending that he be not deported on the charge for which he was convicted and sentenced. Thereafter hearings were held before an immigration inspector and resulted in the issuance by the Secretary of Labor of a warrant of deportation, dated June 5, 1931, under which the alien was taken into custody. Thereupon he sued out a writ of habeas corpus. After long delay, for which no reason is disclosed by the record, an order was entered on October 14, 1935, discharging the writ. On November 22, 1935, he filed a motion for a rehearing and a second petition for habeas corpus. The latter was dismissed but the court allowed the motion for rehearing as a motion to reopen the judgment and amend the original petition. See Salinger v. Loisel, 265 U.S. 224, 229, 44 S.Ct. 519, 521, 68 L.Ed. 989; Wong Doo v. United States, 265 U.S. 239, 44 S.Ct. 524, 68 L.Ed. 999. While the motion was pending, the State Board of Pardons granted the alien a pardon for the aforesaid crime of fornication. Thereafter on February 28, 1938, an order was entered dismissing the second writ and remanding the relator to the custody of the respondent. From this order the alien has prosecuted the present appeal in forma pauperis.

The warrant of deportation charges that the alien "has been found assisting a prostitute, and that he has been found receiving, sharing in or deriving benefit from the earnings of a prostitute." These

97 F.2d 504
charges are grounds for deportation under section 19 of the...

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4 practice notes
  • United States v. O'ROURKE, No. 14978.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • May 18, 1954
    ...92, 95; United States ex rel. Karpathiou v. Schlotfeldt, 7 Cir., 106 F.2d 928, 929; United States ex rel. Di Tomasso v. Martineau, 2 Cir., 97 F.2d 503, 504; Hays v. Zahariades, 8 Cir., 90 F.2d 3, 5; Nicoli v. Briggs, 10 Cir., 83 F.2d 375, 377; Ghiggeri v. Nagle, 9 Cir., 19 F.2d 875, 876; Un......
  • Sercerchi v. Ward, No. 6030.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • April 17, 1939
    ...States ex rel. Bilokumsky v. Tod, 263 U.S. 149, 157, 44 S.Ct. 54, 68 L.Ed. 221; United States ex rel. Di Tomasso v. Martineau, 2 Cir., 97 F. 2d 503; Hays et al. v. Hatges, 8 Cir., 94 F. 2d 67; Ghiggeri v. Nagle, 9 Cir., 19 F.2d 875; Lewis ex rel. Lai Thuey Lem v. Johnson, 1 Cir., 16 F.2d 18......
  • United States v. Wiley, No. 9187.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • March 5, 1947
    ...meet the charge and he offered, in defense, the testimony of witnesses, hence the hearing was not unfair. Di Tomasso v. Martineau, 2 Cir., 97 F.2d 503. Appellant also contends that the warrant of arrest was based upon a statement obtained from him while he was in jail; that a statement of o......
  • United States v. Reimer, No. 325.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 17, 1939
    ...the findings. Costanzo v. Tillinghast, 287 U.S. 341, 53 S.Ct. 152, 77 L.Ed. 350; United States ex rel. Di Tomasso v. Martineau, 2 Cir., 97 F.2d 503. On the issue of fair hearing the appellant complains that he was examined by the immigrant inspectors while in prison and without counsel, tha......
4 cases
  • United States v. O'ROURKE, No. 14978.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • May 18, 1954
    ...92, 95; United States ex rel. Karpathiou v. Schlotfeldt, 7 Cir., 106 F.2d 928, 929; United States ex rel. Di Tomasso v. Martineau, 2 Cir., 97 F.2d 503, 504; Hays v. Zahariades, 8 Cir., 90 F.2d 3, 5; Nicoli v. Briggs, 10 Cir., 83 F.2d 375, 377; Ghiggeri v. Nagle, 9 Cir., 19 F.2d 875, 876; Un......
  • Sercerchi v. Ward, No. 6030.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • April 17, 1939
    ...States ex rel. Bilokumsky v. Tod, 263 U.S. 149, 157, 44 S.Ct. 54, 68 L.Ed. 221; United States ex rel. Di Tomasso v. Martineau, 2 Cir., 97 F. 2d 503; Hays et al. v. Hatges, 8 Cir., 94 F. 2d 67; Ghiggeri v. Nagle, 9 Cir., 19 F.2d 875; Lewis ex rel. Lai Thuey Lem v. Johnson, 1 Cir., 16 F.2d 18......
  • United States v. Wiley, No. 9187.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • March 5, 1947
    ...meet the charge and he offered, in defense, the testimony of witnesses, hence the hearing was not unfair. Di Tomasso v. Martineau, 2 Cir., 97 F.2d 503. Appellant also contends that the warrant of arrest was based upon a statement obtained from him while he was in jail; that a statement of o......
  • United States v. Reimer, No. 325.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 17, 1939
    ...the findings. Costanzo v. Tillinghast, 287 U.S. 341, 53 S.Ct. 152, 77 L.Ed. 350; United States ex rel. Di Tomasso v. Martineau, 2 Cir., 97 F.2d 503. On the issue of fair hearing the appellant complains that he was examined by the immigrant inspectors while in prison and without counsel, tha......

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