United States v. Smith, 164.
| Decision Date | 07 February 1927 |
| Docket Number | No. 164.,164. |
| Citation | 17 F.2d 534 |
| Parties | UNITED STATES ex rel. PALERMO v. SMITH, Director of Immigration. |
| Court | U.S. Court of Appeals — Second Circuit |
Richard H. Templeton, U. S. Atty., and Henry McKinley Erb, Asst. U. S. Atty., both of Buffalo, N. Y., for plaintiff in error.
Before HOUGH, MANTON, and HAND, Circuit Judges.
Nicholo Palermo, a native of Italy, came to the United States in December, 1919, at the age of 66 years. In 1924 he was arrested on a warrant of the Department of Labor, charging that he was a person likely to become a public charge at the time of his entry, and that he had been convicted of the crime of murder — a crime involving moral turpitude — prior to his entry into the United States. At the hearing, the alien admitted that he had been arrested, convicted, and sentenced to death in December, 1883, and that in July, 1884, the death sentence was commuted to life imprisonment at hard labor. He served this sentence in prison until January 7, 1919, at which time he was pardoned and released from prison. He was ordered deported after a hearing before the immigration inspector, and thereafter the order was confirmed by the Acting Secretary of Labor. He thereupon sued out this writ. The District Judge reversed the order of deportation and ordered his discharge.
The act under which it is desired to deport this alien is as follows:
"* * *; except as hereinafter provided, any alien who is hereafter sentenced to imprisonment for a term of one year or more because of conviction in this country of a crime involving moral turpitude, committed within five years after the entry of the alien to the United States, or who is hereafter sentenced more than once to such a term of imprisonment because of conviction in this country of any crime involving moral turpitude, committed at any time after entry; * * * shall, upon the warrant of the Secretary of Labor, be taken into custody and deported * * *; any alien who was convicted, or who admits the commission, prior to entry, of a felony or other crime or misdemeanor involving moral turpitude; * * * shall, upon the warrant of the Secretary of Labor, be taken into custody and deported: * * * Provided further, That the provision of this section respecting the deportation of aliens convicted of a crime involving moral turpitude shall not apply to one who has been pardoned, nor shall such deportation be made or directed if the court, or judge thereof, sentencing such alien for such crime shall, at the time of imposing judgment or passing sentence or within thirty days thereafter, due notice having first been given to representatives of the state, make a recommendation to the Secretary of Labor that such alien shall not be deported in pursuance of this act; nor shall any alien convicted as aforesaid be deported until after the termination of his imprisonment." Comp. St. § 4289¼jj.
The provision relating to aliens convicted in this country of a crime involving moral turpitude is prefaced by the phrase "except as hereinafter provided." This provision is set off from other clauses of ...
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Marino v. Immigration and Naturalization Service, U.S. Dept. of Justice
...does not wipe out an alien's foreign conviction or relieve him from the disabilities which flow therefrom. United States ex rel. Palermo v. Smith, 17 F.2d 534, 535 (2d Cir. 1927); Weedin v. Hempel, 28 F.2d 603, 604 (9th Cir. 1928); Mercer v. Lence, 96 F.2d 122, 125 (10th Cir.), cert. denied......
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San Diego Cnty. Health & Human Servs. Agency v. E.A. (In re E.A.)
..."is indicative of a complete thought in one clause separate from the other clauses of the statute." ( United States ex rel. Palermo v. Smith (2d. Cir. 1927) 17 F.2d 534, 535.) Additionally, the plain and ordinary meaning of the word "or," when used in a statute, is to designate separate, di......
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In re Ringnalda, Petition No. 102844.
...U.S. 149, 24 L.Ed. 442; Ex parte Grossman, 1925, 267 U.S. 87, 120, 45 S.Ct. 332, 69 L.Ed. 527, 38 A.L.R. 131; United States ex rel. Palermo v. Smith, 1927, 2 Cir., 17 F.2d 534, 535; United States v. One Five-Passenger Ford Automobile, D.C. Wash. 1920, 263 F. In naturalization proceedings so......
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Mercer v. Lence
...for crimes committed prior to entry into the United States, but to pardons granted in this country for crimes committed here. U. S. v. Smith, 2d Cir., 17 F.2d 534; and Weedin v. Hempel, 9th Cir., 28 F.2d 603. In the latter case it was held that pardon of alien in foreign country, after conv......