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31 F.2d 384

Docket No. 3852.

Cafaro v. Tillinghast

Massachusetts District Court

Decided February 14, 1928.

Massachusetts District Court · decided 1928-02-14

Cited by 7 later decisions — most recently May 1939

6 federal appellate ·

2 counsel of record

Relies on Ex parte Kato · United States ex rel. Tomasso v. Flynn

Good law ✅— No negative treatment on recordhow we know

Decided 1928-02-14

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¶1.John W. Connelly, of Boston, Mass., for petitioner.

¶2Frederick H. Tarr, U. S. Atty., and John W. Schenek, Asst. U. S. Atty., both of Boston, Mass., for defendant.

¶3BREWSTER, District Judge.

¶4Ralph Di Filippo entered the United States in 1900. In 1926 he was arrested for deportation on the ground that he had, while in the United States, been found managing a house of prostitution and receiving, sharing in or deriving benefits from the earnings of the prostitutes,

¶5The deportation proceedings are under section 19 of chapter 29 of the Act of February 5, 1917 (U. S. Code, tit. 8, c. 6, § 155 [8 USCA § 155]). *

¶6The only question presented is whether the five-year limitation applies to the class of aliens to which the relator has been found to belong. It is my opinion that the limitation does not apply, and the relator was subject to deportation in 1926. Ex parte Gin Kato (D. C.) 270 F. 343; U. S. v. Flynn (D. C.) 22 F.(2d) 174.

¶7Petition denied.

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