Giuseppe Errico v. Immigration and Naturalization Service

Petitioner, now thirty-one years of age, emigrated from his native Italy and, with his wife, gained admission to the United States on October 17, 1959. His parents and all of his brothers and sisters reside in this country, and his son, an American citizen, was born here on August 3, 1960. He was admitted as a selected immigrant under the first preference of the Italian immigration quota. The status was approved under the authority of Section 203(a) (1) (A) of the Immigration and Nationality Act (8 U. S.C. § 1153(a) (1) (A)). The visa petition had been submitted by a motor company of Portland, Oregon, and was supported by representations, in the form of affidavits originating in Italy, that the petitioner was a specialized mechanic and motor tune-up man on motors of Italian manufacture. Eight days after his arrival in New York City, the petitioner commenced his employment with the Portland motor company. The record reveals that he was given the assignment of performing work on German motors with tools which were strange to him. He remained in this employment for only three months, having failed, according to a finding of the Special Inquiry Officer, “to measure up to the…

I concur in the foregoing opinion. I would add that the sole ground upon which it is here asserted that section 241(f) does not apply is that Errico was not “otherwise admissible” within the meaning of that subsection, because, but for the misrepresentation, he was not of the proper status under the quota specified in the visa. I note, however, that section 211 (a) under which it. is sought to deport him, contains five qualifications for admission, which are are follows:

It will be noted that here the phrase “otherwise admissible” refers to matters other than matters of quota status. Section 241(f) is in pari materia with section 211(a), and I think it can reasonably be said that the phrase “otherwise admissible” in section 241(f) also refers to disqualifications other than those relating to the quota. This construction, as the opinion of my Brother Ely indicates, gives some effect to section 241(f). Otherwise it appears that, as his opinion shows, section 241(f) could hardly ever, and perhaps never, be operative.

349 F.2d 541 Giuseppe ERRICO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 19282. United States Court of Appeals Ninth Circuit. July 9, 1965, Rehearing Denied Aug. 14, 1965. Frank M. Ierulli, Gerald H. Robinson, Portland, Or., for petitioner. Cecil F. Poole, U.S. Atty., Charles Elmer Collett, Asst. U.S. Atty., San Francisco, Cal., for respondent. Before MERRILL, DUNIWAY, and ELY, Circuit Judges. ELY, Circuit Judge: 1 Petitioner, now thirty-one years of age, emigrated from his native Italy and, with his wife, gained admission to the United States on October 17, 1959. His parents and all of his brothers and sisters reside in this country, and his son, an American citizen, was born here on August 3, 1960. He was admitted as a selected immigrant under the first preference of the Italian immigration quota. The status was approved under the authority of Section 203(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(1)(A)). The visa petition had been submitted by a motor company of Portland, Oregon, and was supported by representations, in the form of affidavits originating in Italy, that the petitioner was a specialized mechanic and motor tune-up…