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Bonetti v. Rogers, 356 U.S. 691 (1958)
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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.
Bonetti v. Rogers, 356 U.S. 691 (1958)
Bonetti v. Rogers No. 94 Argued April 7, 1958 Decided June 2, 1958 356 U.S. 691
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
Petitioner, an alien, was admitted to the United States for permanent residence in 1923. He was a member of the Communist Party from 1932 through 1936. He then left the Party and never rejoined it. In 1937, he went abroad, abandoning all rights of residence in the United States. In 1938, he was readmitted to the United States "for permanent residence as a quota immigrant." He has since resided in the United States except for a one-day visit to Mexico in 1939. In 1951, proceedings were instituted to deport him under §§ 1 and 4(a) of the Anarchist Act of October 16, 1918, as amended by § 22 of the Internal Security Act of 1950, as an alien who "was at the time of entering the United States, or has been at any time thereafter," a member of the Communist Party.
Held: since petitioner’s claim of right to remain in the United States is based upon his entry in 1938, and he was not then and has not since been a member of the Communist Party, he is not deportable under §§ 1 and 4(a). Pp. 692-700.
(a) Since petitioner claims no right under his entry in 1923, and the Government does not, by the deportation proceeding, seek to annul any right acquired under that entry, the date of his entry in 1938 constituted his "time of entering the United States" within the meaning of § 4(a). Pp. 696-697.
(b) United States ex rel. Volpe v. Smith, 289 U.S. 422, distinguished. Pp. 697-698.
99 U.S.App.D.C. 386, 240 F.2d 624, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Bonetti v. Rogers, 356 U.S. 691 (1958) in 356 U.S. 691 356 U.S. 692. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=7YD8IXC6YQ8CQZH.
MLA: U.S. Supreme Court. "Syllabus." Bonetti v. Rogers, 356 U.S. 691 (1958), in 356 U.S. 691, page 356 U.S. 692. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7YD8IXC6YQ8CQZH.
Harvard: U.S. Supreme Court, 'Syllabus' in Bonetti v. Rogers, 356 U.S. 691 (1958). cited in 1958, 356 U.S. 691, pp.356 U.S. 692. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=7YD8IXC6YQ8CQZH.
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