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Fong Haw Tan v. Phelan, 333 U.S. 6 (1948)
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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.
Fong Haw Tan v. Phelan, 333 U.S. 6 (1948)
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Fong Haw Tan v. Phelan No. 370 Argued January 8-9, 1948 Decided February 2, 1948 333 U.S. 6
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT
Syllabus
1. Section 19(a) of the Immigration Act of 1917, as amended, which provides that an alien who is "sentenced more than once" to imprisonment for a term of one year or more because of conviction of a crime involving moral turpitude committed after entry shall be deported, does not apply to an alien who, in a single trial, has been convicted on two different counts of a single indictment for murdering two different persons and sentenced to life imprisonment. Pp. 7-10.
2. This provision of the statute authorizes deportation only where an alien, having committed a crime involving moral turpitude and having been convicted and sentenced, once again commits a crime of that nature and is convicted and sentenced for it. P. 9.
3. Because deportation is a drastic penalty equivalent to banishment or exile, this section should be given the narrowest of several possible meanings of the words used. P. 10.
162 F.2d 663, reversed.
A District Court denied all alien’s petition for a writ of habeas corpus challenging the legality of his detention pending deportation. The Circuit Court of Appeals affirmed. 162 F.2d 663. This Court granted certiorari. 332 U.S. 814. Reversed, p. 10.
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Chicago: U.S. Supreme Court, "Syllabus," Fong Haw Tan v. Phelan, 333 U.S. 6 (1948) in 333 U.S. 6 333 U.S. 7. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=CF3H5NUNBDXX8IT.
MLA: U.S. Supreme Court. "Syllabus." Fong Haw Tan v. Phelan, 333 U.S. 6 (1948), in 333 U.S. 6, page 333 U.S. 7. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=CF3H5NUNBDXX8IT.
Harvard: U.S. Supreme Court, 'Syllabus' in Fong Haw Tan v. Phelan, 333 U.S. 6 (1948). cited in 1948, 333 U.S. 6, pp.333 U.S. 7. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=CF3H5NUNBDXX8IT.
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