Costanzo v. Tillinghast, 287 U.S. 341 (1932)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 287 U.S. 329, click here.

Costanzo v. Tillinghast

No. 110

Argued November 17, 18, 1932
Decided December 5, 1932
287 U.S. 341

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIRST CIRCUIT

Syllabus

1. Where, in a proceeding in habeas corpus challenging the legality of an order of deportation under the Immigration Act of 1917, it appears that the action of the Secretary of Labor in issuing the order was supported by evidence, his findings are not subject to review by the courts. P. 342.

2. Section 19 of the Immigration Act of 1917 imposes no period of limitation with respect to the deportation of an alien found managing a house of prostitution, and an alien may be taken into custody and deported for this cause at any time after entry. P. 343.

3. Rules of syntax should not be so applied in construing a statute as to defeat the evident legislative intent. P. 344.

4. A statute must be considered in its entirety in order not to give undue effect to particular words or clauses. P. 345.

5. The failure of Congress to alter or amend a statute, notwithstanding a consistent construction by the department charged with its enforcement, creates a presumption in favor of the administrative interpretation which is entitled to great weight. P. 345.

56 F.2d 566 affirmed.

Certiorari to review the affirmance of a decree dismissing a writ of habeas corpus.