United States v. Vanbiervliet

Statement of Facts.

The sole question is whether the Philippides Case, 283 U.S. 48, 51 S.C.t. 358, 75 L. Ed. 833 (decided by the Supreme Court March 23, 1931), and its result are controlling here. Having concluded to certify this to the Supreme Court, we state the important facts:

The alien entered the United States at Detroit on July 14, 1924, without any immigration visa, thus entering in violation of section 13 of the Immigration Act of 1924 (title 8, § 213 USCA). He was arrested for deportation January 3, 1930; and the warrant of deportation, based upon the finding 'that he was not, at the time of his entry into the United States, in possession of an unexpired immigration visa,' was issued February 17, 1930. Upon his petition for habeas corpus the District Court at Detroit discharged him from custody, because the period of limitation provided by section 19 of the Immigration Act of 1917 (title 8, § 155, USCA) had expired. From that order of discharge the government has appealed.

Question Certified.

Upon these facts, and for the proper decision of the cause, we desire the instructions of the Supreme Court upon this question:

'On January 3, 1930, did section 19 of the Immigration Act of     1917 (section 155, tit. 8, USCA) by its time limitations bar      the deportation proceedings?'

A. C. DENISON, CHAS. H. MOORMAN, XEN HICKS, Circuit Judges.