In re Gayde

U.S. Circuit Court for the District of Southern New York

In re Gayde

113 F. 588, 1901 U.S. App. LEXIS 4741

CourtU.S. Circuit Court for the District of Southern New York

DecidedDecember 23, 1901

StatusPublished

This text of 113 F. 588 (In re Gayde) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Gayde, 113 F. 588, 1901 U.S. App. LEXIS 4741 (circtsdny 1901).

Pincite

Opinion

LACOMBE, Circuit Judge.

Upon her own statement it is manifest that petitioner is not a citizen. The question whether or not she is an immigrant is one no longer open for determination by the courts as it was when the cases of In re Martorelli (C. C.) 63 Fed. 437, and In re Maiola (C. C.) 67 Fed. 114, were decided, where it is conceded that the person is an alien. All decisions of the inspecting officers touching the right to land, when adverse to such right, are made final, except by appeal- to the superintendent and secretary of the treasury. Act March 3, 1897. The return does not specifically set forth the facts as to her alleged landing, but, assuming them to be as alleged in. the petition, — that an inspector allowed her to go ashore, where she remained a few hours, taking a meal, and then returned to the office, before action by the board of special inquiry,— I do not think she was thereby released from the obligation of satisfying the board that she was not likely to become a public charge.

The writ is dismissed.

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LACOMBE, Circuit Judge.

Upon her own statement it is manifest that petitioner is not a citizen. The question whether or not she is an immigrant is one no longer open for determination by the courts as it was when the cases of In re Martorelli (C. C.) 63 Fed. 437, and In re Maiola (C. C.) 67 Fed. 114, were decided, where it is conceded that the person is an alien. All decisions of the inspecting officers touching the right to land, when adverse to such right, are made final, except by appeal- to the superintendent and secretary of the treasury. Act March 3, 1897. The return does not specifically set forth the facts as to her alleged landing, but, assuming them to be as alleged in. the petition, — that an inspector allowed her to go ashore, where she remained a few hours, taking a meal, and then returned to the office, before action by the board of special inquiry,— I do not think she was thereby released from the obligation of satisfying the board that she was not likely to become a public charge.

The writ is dismissed.

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Bluebook (online)

113 F. 588, 1901 U.S. App. LEXIS 4741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gayde-circtsdny-1901.

Opinion

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