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Keywords

plaintiffdefendantstatuteappealtrialimmigration lawdeportation

plaintiffdefendantappealtrialimmigration lawdeportation

Related Cases

Klonis v. Davis

Facts

The plaintiff government sued the defendant labor secretary to seek the deportation of the relator after he was convicted of a crime. The trial court ruled in favor of the defendant, leading the plaintiff to appeal the decision. The court was bound to interpret the immigration law as it was written, without adding conditions that were not included in the statute.

Plaintiff government sued defendant labor secretary in plaintiff's suit seeking the deportation of a relator after relator was convicted of a crime. After the trial court ruled for defendant, plaintiff appealed.

Issue

Whether the court could impose a condition on the immigration law requiring a non-deportation recommendation to be made within 30 days after the effect of the sentence was realized.

Rule

The language of the immigration law avoids deportation if the alien 'has been pardoned,' or if the court makes a recommendation at the time of sentencing or within thirty days thereafter.

The language of the section avoids deportation if the alien 'has been pardoned,' or 'if the court, or judge thereof, sentencing such alien, * * * shall, at the time of imposing * * * sentence or within thirty days thereafter' make a recommendation to that effect.

Analysis

The court analyzed the immigration law and determined that it could not interpolate a condition that the recommendation for non-deportation could be made after the sentence was served. The court noted that the legislative history indicated an amendment to extend the judge's power was rejected, reinforcing the strict interpretation of the law.

We do not see how we can interpolate as a condition that the recommendation may be made within 30 days after the effect of the sentence is realized. Apparently during its course through the House an amendment was offered and rejected which extended the judge's power indefinitely. Even without that, we should have felt bound to read the words as they are written.

Conclusion

The court affirmed the order of the lower court, concluding that it could not add conditions to the immigration law that were not explicitly stated.

Order affirmed.

Who won?

The defendant labor secretary prevailed in the case because the court upheld the lower court's ruling, emphasizing the strict interpretation of the immigration law.

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