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Keywords

attorneyappealhearingcitizenshipdeportationnaturalizationliens
attorneyappealhearingpleacitizenshipnaturalizationlienspiracy

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Eichenlaub v. Shaughnessy

Facts

Petitioner Richard Eichenlaub was born in Germany in 1905 and entered the United States in 1930. He was naturalized as an American citizen in 1936 but was convicted in 1941 of conspiring to act as an agent for a foreign government. In 1944, his citizenship was canceled due to fraud in its procurement, leading to deportation proceedings initiated by the Attorney General, which were upheld by the courts.

Richard Eichenlaub, the relator, was born in Germany in 1905, and entered the United States from there in 1930. He was naturalized as an American citizen in 1936, and has resided in the United States continuously since his reentry in 1937, when he returned from a visit to Germany. In 1941, on his plea of guilty in the United States District Court for the Eastern District of New York, he was convicted of conspiring to act as an agent for a foreign government without having been registered with the Secretary of State. He was sentenced to imprisonment for 18 months and fined $ 1,000. In 1944, with his consent, a judgment was entered in the United States District Court for the Southern District of New York canceling his citizenship on the ground of fraud in its procurement.

Issue

The main issue was whether the Act required that the relators must have been 'aliens' at the times when they were convicted of designated offenses against national security.

The main issue is whether the Act requires that the relators not only must have been 'aliens' at the times when they were ordered deported, but that they must also have had that status at the times when they were convicted of designated offenses against the national security.

Rule

The Act of May 10, 1920, applies to all aliens convicted of certain offenses, regardless of their naturalization status at the time of conviction.

The proper scope of the Act of 1920 as applied to these cases is found in the ordinary meaning of its words. The material provisions of the Act are as follows: '. . . That aliens of the following classes . . . shall, upon the warrant of the [Attorney General], be taken into his custody and deported . . . if the [Attorney [***312] General], after hearing, finds that such aliens are undesirable residents of the United States, to wit: . . . . '(2) All aliens who since August 1, 1914, have been or may hereafter be convicted of any violation or conspiracy to violate any of the following Acts or parts of Acts, the judgment on such conviction having become final, namely: '(a) [The Espionage Act of 1917, as amended].'

Analysis

The court determined that the Act does not require that offenders must have had the status of aliens at the time of their convictions. It held that the Act applies to all offenders, including those who were denaturalized, as long as they were found to be undesirable residents after a hearing.

In our opinion, it is not necessary, for the purposes of these cases, to give a retroactive effect to the denaturalization orders. A simpler and equally complete solution lies in the view that the Act does not require that the offenders reached by it must have had the status of aliens at the time they were convicted. As the Act does not state that necessity, it is applicable to all such offenders, including those denaturalized before or after their convictions as well as those who never have been naturalized.

Conclusion

The Supreme Court affirmed the judgment of the Court of Appeals, upholding the deportation order against Eichenlaub.

The judgment of the Court of Appeals in each case is therefore Affirmed.

Who won?

The United States government prevailed in the case, as the court found that the Act of May 10, 1920 applied to Eichenlaub despite his previous naturalization.

The United States government prevailed in the case, as the court found that the Act of May 10, 1920 applied to Eichenlaub despite his previous naturalization.

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