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Kaplan v. Tod, 267 U.S. 228 (1925)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Kaplan v. Tod, 267 U.S. 228 (1925)
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Kaplan v. Tod No. 241 Argued January 26, 1925 Decided March 2, 1925 267 U.S. 228
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
1. Section 2172 of the Revised Statutes, by which naturalization of parents extends to minor children "if dwelling in the United States," does not apply where a child was rightly denied entry as a feeble-minded person and ordered deported but permitted, under special safeguards, to remain in this country with her father while the deportation was temporarily suspended because of the late war. P. 229.
2. Under the above circumstances, the alien, properly speaking, has not "entered" the United States and is not "found" there, but is in custody at the limit of jurisdiction awaiting the order of the authorities; consequently the limitation of five years upon liability to deportation (Act of February 5, 1917, c. 29, § 19, 39 Stat. 889) is inapplicable. P. 230.
Affirmed.
Appeal from an order of the district court dismissing a petition for habeas corpus.
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Chicago: U.S. Supreme Court, "Syllabus," Kaplan v. Tod, 267 U.S. 228 (1925) in 267 U.S. 228 267 U.S. 229. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=5CRN2EHARFDV3T7.
MLA: U.S. Supreme Court. "Syllabus." Kaplan v. Tod, 267 U.S. 228 (1925), in 267 U.S. 228, page 267 U.S. 229. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=5CRN2EHARFDV3T7.
Harvard: U.S. Supreme Court, 'Syllabus' in Kaplan v. Tod, 267 U.S. 228 (1925). cited in 1925, 267 U.S. 228, pp.267 U.S. 229. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=5CRN2EHARFDV3T7.
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