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LEHMANN v. CARSON

No. 72.

353 U.S. 685 (1957)

77 S.Ct. 1022

1 L.Ed.2d 1122

LEHMANN, OFFICER IN CHARGE, IMMIGRATION AND NATURALIZATION SERVICE, v. UNITED STATES EX REL. CARSON OR CARASANITI.

Supreme Court of United States.

Decided June 3, 1957.

Attorney(s) appearing for the Case

Roger D. Fisher argued the cause for petitioner. With him on a brief was Solicitor General Rankin. With Mr. Rankin on a brief were Assistant Attorney General Olney, Beatrice Rosenberg and J. F. Bishop.

David Carliner argued the cause for respondent. With him on the brief were Henry C. Lavine and Jack Wasserman.

MR. JUSTICE WHITTAKER delivered the opinion of the Court.

Respondent, a native and citizen of Italy, entered the United States in 1919 as a stowaway. No action was taken to deport him "within five years after entry" as then limited by § 19 of the Immigration Act of February 5, 1917, 39 Stat. 889.

On January 15, 1936, respondent was convicted in Ohio of the crime of blackmail, and he was sentenced to imprisonment. On April 25, 1936, he was again convicted...

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