Mulcahey v. Catalanotte, 353 U.S. 692 (1957)

Mulcahey v. Catalanotte


No. 435


Argued March 27, 1957
Decided June 3, 1957
353 U.S. 692

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

An alien who entered the United States in 1920 for permanent residence was convicted in 1925 of a federal offense relating to illicit traffic in narcotics. At that time, there was no statute making that offense a ground for deportation. After enactment of the Immigration and Nationality Act of 1952, he was ordered deported under §§ 241(a)(11) and (d) thereof, which provide for the deportation of any alien who "at any time" has been convicted of violating any law relating to illicit traffic in narcotics. He challenged the validity of this order in a habeas corpus proceeding.

Held: the order of deportation is sustained. Lehmann v. United States ex rel. Carson, ante, p. 685. Pp. 692-694.

236 F.2d 955 reversed.