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Barber v. Gonzales, 347 U.S. 637 (1954)
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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.
Barber v. Gonzales, 347 U.S. 637 (1954)
Barber v. Gonzales No. 431 Argued March 10, 1954 Decided June 7, 1954 347 U.S. 637
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Respondent was born a national of the United States in the Philippine Islands, came to the continental United States from the Philippine Islands as a national prior to the Philippine Independence Act of 1934, has remained within this country ever since his arrival, and was sentenced to imprisonment in 1941 and 1950 for terms of one year or more for crimes involving moral turpitude.
Held: he may not now be deported under § 19(a) of the Immigration Act of 1917 as an alien who had been so sentenced "after entry." Pp. 638-643.
(a) Respondent is not deportable under § 19(a) of the Immigration Act of 1917 unless he made an "entry" within the meaning of that provision, notwithstanding § 8 (a)(1) of the Philippine Independence Act which provides that citizens of the Philippine Islands who are not citizens of the United States shall be considered aliens for immigration purposes. Pp. 639-640.
(b) When respondent came to the United States from the Philippine Islands as a national prior to enactment of the Philippine Independence Act of 1934, he did not make an "entry" into the United States within the meaning of § 19(a) of the Immigration Act of 1917, since he did not come from some "foreign port or place." Pp. 640-643.
207 F.2d 398 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Barber v. Gonzales, 347 U.S. 637 (1954) in 347 U.S. 637 347 U.S. 638. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=P4SIVKV75RS8NT2.
MLA: U.S. Supreme Court. "Syllabus." Barber v. Gonzales, 347 U.S. 637 (1954), in 347 U.S. 637, page 347 U.S. 638. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=P4SIVKV75RS8NT2.
Harvard: U.S. Supreme Court, 'Syllabus' in Barber v. Gonzales, 347 U.S. 637 (1954). cited in 1954, 347 U.S. 637, pp.347 U.S. 638. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=P4SIVKV75RS8NT2.
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