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Johnson v. Shaughnessy, 336 U.S. 806 (1949)
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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.
Johnson v. Shaughnessy, 336 U.S. 806 (1949)
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Johnson v. Shaughnessy No. 506 Argued April 19-20, 1949 Decided May 9, 1949 336 U.S. 806
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. A board of special inquiry appointed pursuant to § 17 of the Immigration Act of 1917 as amended, 8 U.S.C. § 153, is bound to accept as final a certificate that an alien is a mental defective of a class excluded from admission to the United States by § 3, 8 U.S.C. § 136(d), where such certificate has been issued by a medical appeal board after a fair hearing in conformity with § 16, 8 U.S.C. § 152, and regulations of the Public Health Service prescribed pursuant thereto. P. 809.
2. A report of a medical appeal board appointed pursuant to § 16 of the Immigration Act of 1917 as amended, 8 U.S.C. § 152, to review a finding of two medical officers that an alien seeking admission to the United States is mentally defective does not comply with the applicable law and regulations where it fails to show that the appeal board based its findings and conclusion "on its medical examination of the alien," and merely shows that it considered the appeal and, after "taking into consideration" the certificate of the medical officers who made the original examination and the testimony of an alienist employed by the alien, concurred in the report of the medical officers who made the first examination. Pp. 809-812.
(a) The appeal board could not rest its finding that the alien was a mental defective on the certificate of the original examining officers, since the Act and regulations prescribe an independent review and reexamination. P. 812.
(b) The statement of the appeal board that it had "considered the appeal" cannot be treated as a certification that the alien had been given an independent medical examination. P. 812.
3. Assuming, without deciding, that defects in the appeal board’s report could be cured by additional data in the record, the data in the record in this case is not sufficient to cure the defect. Pp. 812-815.
170 F.2d 1009 reversed.
In a habeas corpus proceeding challenging the validity of the detention of an alien under an exclusion order issued by a board of special inquiry under the Immigration Act of 1917 as amended, the District Court discharged the writ and ordered the alien remanded to the immigration authorities. 82 F.Supp. 36. The Court of Appeals affirmed. 170 F.2d 1009. This Court granted certiorari. 336 U.S. 924. Reversed and remanded, p. 815.
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Chicago: U.S. Supreme Court, "Syllabus," Johnson v. Shaughnessy, 336 U.S. 806 (1949) in 336 U.S. 806 336 U.S. 807. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=I6Y636GBR7N3AYM.
MLA: U.S. Supreme Court. "Syllabus." Johnson v. Shaughnessy, 336 U.S. 806 (1949), in 336 U.S. 806, page 336 U.S. 807. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=I6Y636GBR7N3AYM.
Harvard: U.S. Supreme Court, 'Syllabus' in Johnson v. Shaughnessy, 336 U.S. 806 (1949). cited in 1949, 336 U.S. 806, pp.336 U.S. 807. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=I6Y636GBR7N3AYM.
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