Oliver Wendell Holmes, Jr.

“ But we cannot accept the conclusion that deserting alien seamen are thereby made a favored class to be retained in this country when other aliens would be compelled to leave. 'Any alien' in section 14 of the act of 1924 includes alien seamen on its face and by the definition in section 28, Id. (8 USCA § 224) . It is obvious that thepet itioner, whether he entered rightfully or wrongfully, remained in the United States longer than he was permitted to by the law. ”

“ Commissioner of Immigration (C. C. A.) 36 F. (2d) 1022, which in turn cites United States ex rel. Rios v. Day (C. C. A.) 24 F. (2d) 654. A contrary decision was reached by the Circuit Court of Appeals for the Ninth Circuit in Carr, Director of Immigration v. ”