Hamburg-American Line v. United States, 291 U.S. 420 (1934)

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Hamburg-American Line v. United States

No. 343

Argued February 7, 1934
Decided March 5, 1934
291 U.S. 420

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. An alien resident of the United States returning from a temporary visit abroad is a "nonquota immigrant." Immigration Act of 1924, § 4(b). P. 422.

2. By §§ 10(a), (b), (c), (f), and 13(b), of the Immigration Act, and regulations thereunder, a permit to reenter granted to an immigrant who has been legally admitted to the United States and who departs therefrom temporarily, is the equivalent of an immigration visa for the purpose of determining his right to re admission, under § 13(a), and the liability of a steamship company for bringing him back, under § 16(a). P. 422.

3. Where a steamship company brings in a nonquota immigrant without immigration visa or reentry permit, it is liable to fine under § 16 of the Act notwithstanding that the Secretary of Labor, acting on discretionary authority assumed to be conferred by § 13, admits him to the country, since subdivision (f) of § 13 provides that nothing in that section "shall authorize the remission or refunding of a fine, liability to which has accrued under Section 16." P. 425.

4. Where an immigrant, unlawfully brought in without visa or reentry permit, is nevertheless admitted, the fine of $1,000 can legally be imposed on the steamship company under § 16(b) without requiring it to pay the passage money. P. 426.

65 F.2d 369 affirmed.

Certiorari, 290 U.S. 615, to review the affirmance of a judgment dismissing the complaint in an action by a steamship company to recover a fine exacted under the Immigration Act.