May 15, 1933
UNITED STATES EX REL. FERNANDAS
COMMISSIONER OF IMMIGRATION, ELLIS ISLAND, NEW YORK HARBOR
Appeal from the District Court of the United States for the Southern District of New York.
Before MANTON, SWAN, and CHASE, Circuit Judges.
The relator was arrested and ordered deported. He arrived in the United States September 4, 1928, and was admitted for permanent residence. On January 6, 1932, he was arrested on the charge of having been unlawfully in the United States. The charge is that he was a member of and affiliated with a proscribed party and that he has been regularly engaged with well-known Communists in their activities. There is sufficient evidence to justify his deportation.
It was competent to receive hearsay testimony. U.S. ex rel. Smith v. Curran, 12 F.2d 636 (C.C.A. 2); Kjar v. Doak, 61 F.2d 566 (C.C.A. 7).
His deportation was justified. U.S. ex rel. Yokinen v. Commissioner, 57 F.2d 707 (C.C.A. 2); Certiorari denied, 287 U.S. 607, 53 S. Ct. 11, 77 L. Ed. --.
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