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Kimm v. Rosenberg, 363 U.S. 405 (1960)
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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.
Kimm v. Rosenberg, 363 U.S. 405 (1960)
Kimm v. Rosenberg No. 139 Argued May 16-17, 1960 Decided June 13, 1960 363 U.S. 405
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Petitioner, an alien whose deportation had been ordered, applied under § 19(c) of the Immigration Act of 1917, as amended, for an order suspending his deportation or permitting his voluntary departure. In an administrative hearing on his application, he was asked whether he was a member of the Communist Party. He refused to answer, claiming the Fifth Amendment privilege against self-incrimination. His application was denied on the ground that he had failed to prove his eligibility under § 19 and the Internal Security Act of 1950.
Held: denial of his application is sustained, since §19(d) and the Internal Security Act of 1950 make Communists ineligible for suspension of deportation, and the burden was on petitioner to show that he was eligible for such suspension. Pp. 405-408.
263 F.2d 773 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Kimm v. Rosenberg, 363 U.S. 405 (1960) in 363 U.S. 405 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=U9H2579Z182LQPX.
MLA: U.S. Supreme Court. "Syllabus." Kimm v. Rosenberg, 363 U.S. 405 (1960), in 363 U.S. 405, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=U9H2579Z182LQPX.
Harvard: U.S. Supreme Court, 'Syllabus' in Kimm v. Rosenberg, 363 U.S. 405 (1960). cited in 1960, 363 U.S. 405. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=U9H2579Z182LQPX.
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