Lazzaro

Domenico Lazzaro and Bambino Lazzaro, his wife, were ordered to be deported to Italy, their native country. It is admitted that there was just cause for deportation. The only question presented to this court on the appeal is whether or not it was error to order that the deportation be to Italy, rather than to Canada.

Domenico Lazzaro came from Italy to the United States in 1904. Pour months later he went to Canada, where he resided three years, and thence he returned to the United States, where he has since continuously lived. On September 9, 1918, he married Bambino, a native and subject of Italy, who came in 1900 from Italy, and who has since continuously resided in the United States.

The statute under which deportation was ordered was not Immigration Act Feb. 20, 1907, c. 1134 ( 34 Stat. 898 ), relied upon by the appellant, but Act Feb. 5, 1917 (39 Stats. 885 [Comp. St. 1918, Comp, St. Ann. Supp. 1919, § 4289¼k]), section 20 of which vested in the Secretary of Labor discretion to order the return of these aliens either to Italy or to Canada. In directing that they be returned to Italy there was no abuse of discretion. It does not follow, from the fact that Domenico Lazzaro…