Shomberg v. United States, 348 U.S. 540 (1955)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

An alien who filed his petition for naturalization two days before the effective date of the Immigration and Nationality Act of 1952 cannot compel a final hearing on such petition before the determination of deportation proceedings instituted against him after the effective date of the Act and based solely on grounds initiated by that Act. Pp. 541-548.

(a) The "priority provision" of § 318 of the 1952 Act, that "no petition for naturalization shall be finally heard . . . if there is pending against the petitioner a deportation proceeding," specifically excepts rights under the prior law from the protection of the savings clause of § 405 when these rights stem from a petition for naturalization or from some other step in the naturalization process. Pp. 542-545.

(b) Congress did not intend § 318 to apply only to deportation proceedings based on grounds existing under the prior law. P. 546.

(c) The contention that a change in the punctuation of § 318 resulted in the application of the "notwithstanding" clause to final findings of deportability, but not to pending proceedings, is rejected. P. 546, n.4.

(d) The "notwithstanding" language in § 318 clearly manifested the intent of Congress that certain policies should override the otherwise broad and pervasive principle of the savings clause of § 405. Pp. 546-548.

210 F.2d 82 affirmed.