United States Ex Rel. Stapf v. Corsi
Headline: Court upholds deportation of a German man who deserted in 1923, ruling his 1929 return on a U.S. ship counted as a new entry subject to the 1924 immigration law, allowing removal.
Holding:
- Counts a return on a U.S. ship as a new immigration entry.
- Limits seamen to temporary stays unless they follow immigration rules.
- Allows deportation after a return that qualifies as a new entry.
Summary
Background
A German man deserted his ship in New York in February 1923 and stayed in the United States without permission. In March 1929 he signed on as crew for an American ship that made a brief stop in Germany and returned to the United States in April 1929. He was discharged without being inspected, had no immigration visa, and did not pay a head tax. In 1931 he was arrested and ordered deported for remaining longer than allowed under the Immigration Act of 1924, and lower courts upheld that order.
Reasoning
The key question was whether his April 1929 arrival counted as a new entry into the United States. The Court said yes: coming back from a foreign port on an American ship is an entry even for a crew member. The opinion explained that seamen who fail to follow the immigration rules cannot claim longer stays, and that the 1924 law applies to entries made after its passage. Because he had not complied with required inspections, visas, or taxes, he was not lawfully admitted and could be deported under the 1924 statute.
Real world impact
The decision makes clear that returning to the United States from abroad on a round-trip voyage can be treated as a new entry for immigration law. Noncitizen crew and others who leave and return must follow inspection, visa, and tax rules or face deportation. The ruling resolves conflicting lower-court views and confirms that failure to meet seaman-specific and general immigration requirements limits protections against removal.
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