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Tak Shan Fong v. United States, 359 U.S. 102 (1959)
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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.
Tak Shan Fong v. United States, 359 U.S. 102 (1959)
Tak Shan Fong v. United States No. 110 Argued February 24, 1959 Decided March 23, 1959 359 U.S. 102
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner seeks naturalization under § 1 of the Act of June 30, 1953, which provides for the naturalization of alien who served at least 90 days in the Armed Forces between June 24, 1950, and July 1, 1955,
(1) having been lawfully admitted to the United States for permanent residence, or (2) having been lawfully admitted to the United States, and having been physically present within the United States for a single period of at least one year at the time of entering the Armed Forces.
Having been lawfully in the United State for a short period in 1951 on a seaman’s 29-day pass, petitioner entered unlawfully on January 27, 1952, and remained through his induction into the Army on May 4, 1953, in which he served until his honorable discharge on May 3, 1955.
Held: he was not entitled to naturalization, because the statute, properly construed, requires that the entry into the United States which leads to the alien’s physical presence for the period preceding his induction into the Army be a lawful entry. Pp. 102-107.
254 F.2d 4 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Tak Shan Fong v. United States, 359 U.S. 102 (1959) in 359 U.S. 102 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=P9J344LY39D8QWY.
MLA: U.S. Supreme Court. "Syllabus." Tak Shan Fong v. United States, 359 U.S. 102 (1959), in 359 U.S. 102, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=P9J344LY39D8QWY.
Harvard: U.S. Supreme Court, 'Syllabus' in Tak Shan Fong v. United States, 359 U.S. 102 (1959). cited in 1959, 359 U.S. 102. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=P9J344LY39D8QWY.
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