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Keywords

appealdeportationnaturalizationrespondentliens
appealdeportationnaturalizationrespondentliens

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Lehmann v. Carson

Facts

Respondent, a native and citizen of Italy, entered the United States in 1919 as a stowaway. He was convicted of two crimes of blackmail in 1936 and was conditionally pardoned for one of them in 1945. In 1952, the Immigration and Nationality Act was enacted, which allowed for his deportation based on his prior convictions, despite the previous law's five-year limitation on deportation for stowaways.

Respondent, a native and citizen of Italy, entered the United States in 1919 as a stowaway. He was convicted of two crimes of blackmail in 1936 and was conditionally pardoned for one of them in 1945. In 1952, the Immigration and Nationality Act was enacted, which allowed for his deportation based on his prior convictions, despite the previous law's five-year limitation on deportation for stowaways.

Issue

Whether the respondent alien had acquired a status of non-deportability under prior law, protected by the savings clause of 8 U.S.C.S. 1101(a), and whether the retrospective application of 8 U.S.C.S. 1251 was valid.

Whether the respondent alien had acquired a status of non-deportability under prior law, protected by the savings clause of 8 U.S.C.S. 1101(a), and whether the retrospective application of 8 U.S.C.S. 1251 was valid.

Rule

The Immigration and Nationality Act of 1952, specifically 241, allows for the deportation of aliens for offenses committed prior to the enactment of the Act, provided that such offenses were not grounds for deportation at the time they were committed.

The Immigration and Nationality Act of 1952, specifically 241, allows for the deportation of aliens for offenses committed prior to the enactment of the Act, provided that such offenses were not grounds for deportation at the time they were committed.

Analysis

The Court determined that the provisions of the 1952 Act specifically provided for the deportation of the respondent, despite his claims of non-deportability under the previous law. The retrospective nature of the law was upheld, as Congress had the authority to legislate retrospectively regarding deportation for crimes involving moral turpitude.

The Court determined that the provisions of the 1952 Act specifically provided for the deportation of the respondent, despite his claims of non-deportability under the previous law. The retrospective nature of the law was upheld, as Congress had the authority to legislate retrospectively regarding deportation for crimes involving moral turpitude.

Conclusion

The Supreme Court reversed the decision of the Court of Appeals, holding that the respondent was subject to deportation under the new law for his past offenses.

The Supreme Court reversed the decision of the Court of Appeals, holding that the respondent was subject to deportation under the new law for his past offenses.

Who won?

The Immigration and Naturalization Service prevailed in the case, as the Supreme Court found that the retrospective application of the law was valid and that the respondent was deportable based on his prior convictions.

The Immigration and Naturalization Service prevailed in the case, as the Supreme Court found that the retrospective application of the law was valid and that the respondent was deportable based on his prior convictions.

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