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Costello v. Ins, 376 U.S. 120 (1964)
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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.
Costello v. Ins, 376 U.S. 120 (1964)
Costello v. Immigration and Naturalization Service No. 83 Argued December 12, 1963 Decided February 17, 1964 376 U.S. 120
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner, while a naturalized citizen, was convicted of two separate offenses involving moral turpitude. Following his subsequent denaturalization on the ground that his citizenship had been acquired by willful misrepresentation, proceedings were brought against him under § 241(a)(4) of the Immigration and Nationality Act of 1952, which provides for deportation of an alien who at any time after entry "is convicted" of two crimes involving moral turpitude. He was found deportable, and the Court of Appeals dismissed his petition for review.
Held:
1. The two convictions relied upon to support deportation both occurred at a time when petitioner was a naturalized citizen, and he was therefore not deportable, the statute permitting only deportation of one who was an alien at the time of his convictions. Eichenlaub v. Shaughnessy, 338 U.S. 521, distinguished. Pp. 121-128.
2. The provision in § 340(a) of the Act that a denaturalization order shall be effective as of the original date of naturalization is inapplicable to the general deportation provisions of the Act. Petitioner could not, therefore, under the "relation-back" theory of that provision be deemed to have been an alien at the time of his convictions. Pp. 128-132.
311 F.2d 343, reversed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Costello v. Ins, 376 U.S. 120 (1964) in 376 U.S. 120 376 U.S. 121. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=R78QZ7BXQG5X9VZ.
MLA: U.S. Supreme Court. "Syllabus." Costello v. Ins, 376 U.S. 120 (1964), in 376 U.S. 120, page 376 U.S. 121. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=R78QZ7BXQG5X9VZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Costello v. Ins, 376 U.S. 120 (1964). cited in 1964, 376 U.S. 120, pp.376 U.S. 121. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=R78QZ7BXQG5X9VZ.
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