Opinion
No. 452.
May 15, 1933.
Appeal from the District Court of the United States for the Southern District of New York.
Manuel Fernandas was held for deportation under the Act of June 5, 1920 (8 USCA § 137), and sued out a writ of habeas corpus, which was opposed by Commissioner of Immigration, Ellis Island, New York Harbor. The writ was dismissed, and relator appeals.
Affirmed.
Harry Hausknecht, of New York City (Raphael H. Weissman, of Brooklyn, N.Y., and David L. Weissman, of New York City, of counsel), for appellant.
George Z. Medalie, U.S. Atty., of New York City (Ira Koenig, Asst. U.S. Atty., of New York City, of counsel), for appellee.
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. ___.
Order affirmed.