In re Russomanno

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

In re Russomanno

128 F. 528, 1904 U.S. App. LEXIS 3931

U.S. Circuit Court for the District of Southern New York·Decided January 30, 1904·Published

Opinion

TACO MB E, Circuit Judge.

The authority to deport this alien is to be found in the act of 1891 (Act March 3, 1891, c, 551, § 11, 26 Stat. 1086 [U. S. Comp. St. 1901, p. 1299]), not in the act of 1903. Inasmuch as he was not seized, even, for purposes of deportation, until more than a year had elapsed after his last entry into the United States, the time within which he could be taken into custody under the act of 1891 had fully expired.

The prisoner is discharged.

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TACO MB E, Circuit Judge.

The authority to deport this alien is to be found in the act of 1891 (Act March 3, 1891, c, 551, § 11, 26 Stat. 1086 [U. S. Comp. St. 1901, p. 1299]), not in the act of 1903. Inasmuch as he was not seized, even, for purposes of deportation, until more than a year had elapsed after his last entry into the United States, the time within which he could be taken into custody under the act of 1891 had fully expired.

The prisoner is discharged.

In re Russomanno, 128 F. 528, 1904 U.S. App. LEXIS 3931 (circtsdny 1904).

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