United States v. Reimer, No. 325.

CourtU.S. Court of Appeals — Second Circuit
Writing for the CourtL. HAND, CLARK, and PATTERSON, Circuit
Citation103 F.2d 435
Decision Date17 April 1939
Docket NumberNo. 325.
PartiesUNITED STATES ex rel. WLODINGER v. REIMER, Commissioner of Immigration and Naturalization, Ellis Island, N. Y.

103 F.2d 435 (1939)

UNITED STATES ex rel. WLODINGER
v.
REIMER, Commissioner of Immigration and Naturalization, Ellis Island, N. Y.

No. 325.

Circuit Court of Appeals, Second Circuit.

April 17, 1939.


Joshua S. Koenigsberg, of New York City, for appellant.

John T. Cahill, U. S. Atty., of New York City (Matthew C. Cary, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before L. HAND, CLARK, and PATTERSON, Circuit Judges.

PATTERSON, Circuit Judge.

The appellant is an alien, admitted to this country in 1920. He was ordered deported by the Secretary of Labor on May 15, 1935, as one found assisting a prostitute. The Act of February 5, 1917, section 19 (8 U.S.C. § 155, 8 U.S.C.A. § 155), provides that "any alien * * * who in any way assists any prostitute * * * shall, upon the warrant of the Secretary of Labor, be taken into custody and deported." The appellant took out a writ of habeas corpus. The writ was heard and dismissed in the District Court.

103 F.2d 436

The appellant says that there was no evidence before the Secretary of Labor to sustain the finding that he had assisted a prostitute; he also says that he did not have a fair hearing. The evidence before the Secretary consisted of two records of conviction of the appellant, the record of conviction of a woman called Laquaine, and testimony given by the appellant at hearings before immigrant inspectors. There was also testimony given by police officers before immigrant inspectors at a reopened hearing. The first conviction of the appellant was in 1929, on the charge of receiving one Grabau and a woman called Laquaine into a room "for the purpose of prostitution — lewdness — assignation" and for knowingly permitting them to remain there for said purpose. The appellant pleaded guilty and received sentence of three months. The Laquaine woman was arrested at the same time and was convicted of committing prostitution with Grabau. When questioned about the offense by an immigrant inspector, the appellant said that he had had a key to a sporting house and had been caught with it. At later hearings he denied his guilt altogether, claiming that he had been persuaded to plead guilty by policemen who told him he would get a break. The second conviction was in 1934; at that time the appellant pleaded guilty to inducing a female to live a life of prostitution and was sentenced to from two and one-half to five years. At the hearing on deportation he admitted that he had pleaded guilty to this offense...

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3 practice notes
  • Henriques v. IMMIGRATION & NATURALIZATION SERV., BD. OF IMM. APP., No. 794
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • July 27, 1972
    ...S.Ct. 445, 94 L.Ed. 616 (1950). But there are a number of cases, including this circuit's own United States ex rel. Wlodinger v. Reimer, 103 F.2d 435, 436 (2d Cir. 1939), indicating that due process is largely satisfied by having the right to counsel, decided, to be sure, before, e. g., Gri......
  • Sumio Madokoro v. Del Guercio, No. 11260.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 4, 1947
    ...has held in United States ex rel. Ciccerelli v. Curran, 2 Cir., 12 F.2d 394, 396 and in United States ex rel. Wlodinger v. Reimer, 2 Cir., 103 F.2d 435, 436, that with the privilege of counsel at the expense of the alien there is no denial of due process with respect to counsel, but in thos......
  • Wood v. I.N.S., No. 93-1480
    • United States
    • U.S. Court of Appeals — First Circuit
    • November 16, 1993
    ...at a correctional facility. Singh v. McGrath, 104 F.2d 122 (9th Cir. 1939), cert. dismissed, 308 U.S. 629 (1940); Wlodinger v. Reimer, 103 F.2d 435 (2d Cir. Affirmed. ...
3 cases
  • Henriques v. IMMIGRATION & NATURALIZATION SERV., BD. OF IMM. APP., No. 794
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • July 27, 1972
    ...S.Ct. 445, 94 L.Ed. 616 (1950). But there are a number of cases, including this circuit's own United States ex rel. Wlodinger v. Reimer, 103 F.2d 435, 436 (2d Cir. 1939), indicating that due process is largely satisfied by having the right to counsel, decided, to be sure, before, e. g., Gri......
  • Sumio Madokoro v. Del Guercio, No. 11260.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 4, 1947
    ...has held in United States ex rel. Ciccerelli v. Curran, 2 Cir., 12 F.2d 394, 396 and in United States ex rel. Wlodinger v. Reimer, 2 Cir., 103 F.2d 435, 436, that with the privilege of counsel at the expense of the alien there is no denial of due process with respect to counsel, but in thos......
  • Wood v. I.N.S., No. 93-1480
    • United States
    • U.S. Court of Appeals — First Circuit
    • November 16, 1993
    ...at a correctional facility. Singh v. McGrath, 104 F.2d 122 (9th Cir. 1939), cert. dismissed, 308 U.S. 629 (1940); Wlodinger v. Reimer, 103 F.2d 435 (2d Cir. Affirmed. ...

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