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Marcello v. Ins, 349 U.S. 302 (1955)
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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.
Marcello v. Ins, 349 U.S. 302 (1955)
Marcello v. Immigration and Naturalization Service No. 145 Argued April 21-22, 1955 Decided May 31, 1955 349 U.S. 302
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
After a hearing pursuant to § 242(b) of the Immigration and Nationality Act of 1852, petitioner, an alien who had been convicted in 1938 of violation of the Marihuana Tax Act, was ordered deported. Section 241(a)(11) of the 1952 Act makes such conviction at any time ground for deportation, and § 241(d) provides that the deportation provisions of § 241(a) shall apply even though the facts giving rise to the alien’s deportability occurred prior to the date of enactment of the 1952 Act. The validity of the deportation order was challenged by petitioner in a habeas corpus proceeding.
Held:
1. The Immigration and Nationality Act of 1952 expressly supersedes the hearing provisions of the Administrative Procedure Act. Pp. 305-310.
2. The fact that the special inquiry officer was subject to the supervision and control of officials in the Immigration Service charged with investigative and prosecuting functions did not so strip the hearing of fairness and impartiality as to make the procedure violative of the Due Process Clause of the Fifth Amendment. P. 311.
3. Petitioner failed to support his claim that, within the meaning of this Court’s decisions in the Accardi cases, his case was prejudged by the Board of Immigration Appeals and by the special inquiry officer. Pp. 311-314.
4. The prohibition of the ex post facto clause of the Constitution does not apply to deportation of aliens. Galvan v. Press, 347 U.S. 522; Harisiades v. Shaughnessy, 342 U.S. 580. P. 314.
212 F.2d 830 affirmed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Marcello v. Ins, 349 U.S. 302 (1955) in 349 U.S. 302 349 U.S. 303. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=TKQ1M4BBTK5GEBA.
MLA: U.S. Supreme Court. "Syllabus." Marcello v. Ins, 349 U.S. 302 (1955), in 349 U.S. 302, page 349 U.S. 303. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TKQ1M4BBTK5GEBA.
Harvard: U.S. Supreme Court, 'Syllabus' in Marcello v. Ins, 349 U.S. 302 (1955). cited in 1955, 349 U.S. 302, pp.349 U.S. 303. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=TKQ1M4BBTK5GEBA.
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