United States v. McCandless

Decision Date12 January 1931
Docket NumberNo. 4420.,4420.
Citation46 F.2d 288
PartiesUNITED STATES ex rel. ALTHER et al. v. McCANDLESS, Commissioner of Immigration.
CourtU.S. Court of Appeals — Third Circuit

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Adrian Bonnelly, of Philadelphia, Pa., for appellant.

Paul Freeman, of Philadelphia, Pa., for appellee.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and THOMPSON, District Judge.

BUFFINGTON, Circuit Judge.

After argument and full consideration had, this case is affirmed on the opinion of the court below.

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13 cases
  • Tejeda v. United States Immigration & Naturalization Serv.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • May 19, 1965
    ...see United States v. Trudell, 49 F.2d 730 (2d Cir. 1931); Serpico v. Trudell, 46 F.2d 669 (2d Cir. 1928); United States ex rel. Alther v. McCandless, 46 F.2d 288 (3d Cir. 1931); United States ex rel. Lesto v. Day, 21 F.2d 307 (2d Cir. 1927); Lidonnici v. Davis, 57 App.D.C. 36, 16 F.2d 532 1......
  • Barrese v. Ryan
    • United States
    • U.S. District Court — District of Connecticut
    • March 30, 1962
    ...resident alien's border crossing identification card." The Board, applying the criteria specified in United States ex rel. Alther v. McCandless, 46 F.2d 288 (3 Cir. 1931), held that plaintiff would have been entitled to reenter the United States as a "returning resident" on October 6, 1955 ......
  • Effect of Presidential Pardon on Aliens Who Left Country to Avoid Military Service
    • United States
    • Opinions of the Office of Legal Counsel of the Department of Justice
    • March 24, 1977
    ...Director, INS, 539 F.2d 1220, 1224-25 (9th Cir. 1976); Santos v. INS, supra; United States ex rel. Lesto v. Day, supra; United States ex rel. Alther v. McCandless, supra; Matter Castro, 14 I&N Dec. 412, 494 (1973). But it is not apparent [ 44] whether these factors are cited merely as objec......
  • Matter of Huang
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • September 28, 1988
    ...alien, when it can be ascertained, will control. Id.; Matter of Kane, 15 I&N Dec. 258 (BIA 1975); see also United States ex rel. Alther v. McCandless, 46 F.2d 288 (3d Cir. 1931). We have in the past ascertained an alien's intention by examining the location of his family ties, property hold......
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