The opinion of the court was delivered by: AVIS
Writs of habeas corpus were allowed in the above cases, returns have been made thereto, and the respective counsel have presented their arguments and briefs.
Relator Sebastiano Coco, a citizen of Italy, came to the United States on October 5, 1925, on the steamship Providence, landing at Providence, R.I. He was admitted as a merchant; the record showing that his visit was to be temporary and that the stated length of stay was six months.
Relator Giuseppe Calafiore, also a citizen of Italy, arrived in the United States at New York on April 27, 1926, on board the steamship Providence, and was admitted as a merchant, representing his stay to be temporary and for a period of four months.
The record as to both shows that they were admitted under the commerce treaty between the United States and Italy, and the immigration statutes.
Shortly after the arrival of Calafiore, both of the relators took up their residence at the same address in Newark, N.J., where they claim they were engaged as partners in the business of importing and selling olive oil and cheese. Their testimony to this effect is not contradicted.
Later they both came to Philadelphia, Pa. -- whether together or separately is not quite clear in the testimony. However, they were living together at 1812 South Eighth street, Philadelphia, from some time early in the year 1930 continuously up to the time of their arrest for deportation. At this latter residence they engaged somewhat in the purchase and sale of oil and cheese, but, because of the business being poor, they as partners operated a shoe repair shop, in which business they both were employed, and the testimony indicates that they sold some oil and cheese without, however, having a distinct store for that purpose, and making sales amongst a few people with whom they were acquainted and their friends. Apparently they relied for their income as much or more upon the shoe repairing business, as they did upon the oil and cheese business.
The relators were arrested for deportation, given a hearing, as to the fairness of which there is no complaint, and a warrant for their deportation was issued on April 26, 1933, as to Sebastiano Coco, and on May 3, 1933, as to Giuseppe Calafiore.
Applications were made for further extensions which were refused, and the warrants reinstated, and the relators taken into custody for deportation. At this time applications were made to this court, and writs of habeas corpus allowed.
The government contends that these relators are subject to deportation under the Immigration Act of 1924.
The relevant parts of the acts of Congress applying to the present controversy are as follows:
"When used in this subchapter the term 'immigrant' means any alien departing from any place outside the United States destined for the United States, except * * * (6) an alien entitled to enter the United States solely to carry on trade under and in pursuance of the provision of a present existing treaty of commerce and navigation." 8 USCA § 203.
"The admission to the United States of an alien excepted from the class of immigrants by clause * * * (6) of section 203 of this title, * * * shall be for such time as may be by regulations prescribed, * * * to insure that, at the expiration of such time or upon failure to maintain the status ...