Heikkinen v. United States, 355 U.S. 273 (1958)

Heikkinen v. United States

No. 89

Argued December 10, 1957
Decided January 6, 1958
355 U.S. 273

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

An alien who had been ordered deported was convicted of violating § 20(c) of the Immigration Act of 1917, as amended, by "willfully" (1) failing to depart from the United States, and (2) failing to make timely application for travel or other documents necessary to his departure, within six months from the date of the final order of deportation.

Held: on the record in this case, the evidence was insufficient to support the verdict, and the conviction is reversed. Pp. 274-280.

1. There being no evidence that any country was willing to receive him, it cannot be said that there was any evidence to support a finding that he "willfully" failed to depart. P. 276.

2. In view of statements made to him by an Immigration Inspector indicating that the Immigration and Naturalization Service would take steps to obtain travel documents for him, and in view of a letter to him from the Officer in Charge stating that arrangements were being made to effect his deportation and that he would be notified when and where to present himself for deportation, it cannot be said that there was sufficient evidence to support a finding that he acted "willfully" in failing to make timely application for the documents necessary to his departure. Pp. 276-280.

40 F.2d 94 reversed.