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EARLE v. UNITED STATES

February 14, 1957

Stanley G. EARLE, Plaintiff,
v.
UNITED STATES of America, Defendant



The opinion of the court was delivered by: RAYFIEL

This is an action under section 1346(a)(2) of Title 28 U.S.Code, for the recovery of the proceeds of a United States Treasury Bond in the amount of $ 500, and has been submitted for determination on the following agreed statement of facts:

The bond was posted by the plaintiff on May 28, 1953 in behalf of one Urcella Sibblies, an alien, who had been admitted into the United States at the Port of Miami, Florida, on June 8, 1952 for a period of six months, pursuant to the provisions of Section 3(2) of the Immigration Act of 1924, as amended, 8 U.S.C.A. § 1101(a)(15)(B), as a visitor for pleasure and medical treatment.

Thereafter, on three occasions, the said alien applied for and obtained extensions of stay to remain temporarily in the United States, the first until June 8, 1953, the second until December 8, 1953 and the third until March 8, 1954.

 The said Service, as a condition of the granting of the second extension, required that the alien post with it a bond in the principal sum of $ 500, conditioned for her departure from the United States within the time allotted to her, and also for her compliance with the conditions of her admission into the United States.

 On May 28, 1953 the plaintiff duly posted a United States Treasury Bond in the principal sum of $ 500, and executed an agreement or form prepared by the Service, entitled 'Bond Conditioned for Departure of an Alien Temporarily Admitted as a Visitor for Business or Pleasure.'

 The said bond contained, among others, the following provisos:

 'Now, Therefore, the conditions of this bond are such that if the said alien is permitted to remain temporarily as a visitor for business or pleasure (or is granted an extension of the period of her admission for such purpose or purposes), and if the said alien shall in all respects, comply with the conditions of her admission (or of the extension of the period of her admission) and shall actually depart permanently from the United States without expense thereto in any event on or before December 8, 1953, or such subsequent date as may be (sic by) proper order be fixed in extension of such date and if the immigration officer in charge of the port of Miami and New York shall receive from the above-bounden obligors satisfactory evidence of the time and place of such departure prior to the expiration of thirty (30) days from the date of such departure; then this obligation shall be void; otherwise, it shall remain in full force and virtue.'

 'It is specially stipulated and agreed that by the obligors hereto and each of them that, if the appropriate officers of the United States Immigration and Naturalization Service shall authorize an extension of time within which the alien is required to depart from the United States, notice of such authorization is hereby waived, and no authorization of such extension, with or without notice to the said obligors, shall in any way diminish or extinguish the obligation hereunder of the said obligors.'

 On May 28, 1953, upon the deposit of the said bond and the execution of said agreement or form, the said alien was granted permission to remain in the United States until December 8, 1953, which period was, on application of the alien, further extended to March 8, 1954.

 On January 19, 1954 the said alien made a voluntary statement, under oath, to an investigating officer of the Service, which included the following questions and answers:

 'Q. Are you employed? If so, where? A. Yes, by Mr. and Mrs. S. Silverstein, 140 Norma Road, Teaneck, New Jersey.

 'Q. When did you gain employment after your entry into the United States? A. I went to work for Mr. and Mrs. S. Silverstein, 140 Norma Road, Teaneck, New Jersey, about December 4, 1953.'

 On January 19, 1954 an Immigration Warrant of Arrest was issued on a charge that the alien had violated Section 241(a)(9) of the Immigration and Nationality Act of 1952 8 U.S.C.A. § 1251(a)(9) in that she had failed to comply with the conditions of her status as a non-immigrant, to wit, as a visitor for pleasure under Section 3(2) of the Immigration Act of 1924.

 On January 19, 1954 the alien waived all further proceedings and was granted the privilege of voluntary departure from the United States, to be ...


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