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Keywords

attorneyliabilitycitizenshipdeportationnaturalization
attorneyliabilitycitizenshipdeportationnaturalization

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McGrath v. Kristensen

Facts

The allegations of the alien's complaint have not been controverted. Kristensen, a Danish citizen, entered the United States on August 17, 1939, as a temporary visitor for sixty days, to attend the New York World's Fair and visit relatives. The outbreak of World War II prevented his return to Denmark. Successive extensions of stay were applied for and granted, but eventually economic necessity compelled Kristensen to become employed and thereby violate his visitor's status. The process of deportation on the ground of violation of his visitor's status was begun in May 1940, stayed for the duration of World War II, and reopened in 1946.

The allegations of the alien's complaint have not been controverted. Kristensen, a Danish citizen, entered the United States on August 17, 1939, as a temporary visitor for sixty days, to attend the New York World's Fair and visit relatives. The outbreak of World War II prevented his return to Denmark. Successive extensions of stay were applied for and granted, but eventually economic necessity compelled Kristensen to become employed and thereby violate his visitor's status. The process of deportation on the ground of violation of his visitor's status was begun in May 1940, stayed for the duration of World War II, and reopened in 1946.

Issue

Whether the Attorney General was justified in refusing to suspend deportation of an alien under 19 (c) of the Immigration Act of 1917 on the sole ground that the alien was ineligible for naturalization.

Whether the Attorney General was justified in refusing to suspend deportation of an alien under 19 (c) of the Immigration Act of 1917 on the sole ground that the alien was ineligible for naturalization.

Rule

The Immigration Act of 1917, 19 (c), allows for the suspension of deportation unless the alien is ineligible for citizenship under 3 (a) of the Selective Training and Service Act.

The Immigration Act of 1917, 19 (c), allows for the suspension of deportation unless the alien is ineligible for citizenship under 3 (a) of the Selective Training and Service Act.

Analysis

The Court found that Kristensen's time in the United States during the pendency of World War II could not be considered the establishment of residence for purposes of the Immigration Act. The Court held that since Kristensen did not incur liability under the Immigration Act, his application for exclusion from service could not be deemed an automatic bar to citizenship under 19(c), justifying the denial of suspension of deportation.

The Court found that Kristensen's time in the United States during the pendency of World War II could not be considered the establishment of residence for purposes of the Immigration Act. The Court held that since Kristensen did not incur liability under the Immigration Act, his application for exclusion from service could not be deemed an automatic bar to citizenship under 19(c), justifying the denial of suspension of deportation.

Conclusion

The judgment of the appellate court was affirmed, allowing Kristensen to be considered for suspension of deportation.

The judgment of the appellate court was affirmed, allowing Kristensen to be considered for suspension of deportation.

Who won?

Kristensen prevailed in the case because the Court determined that he was not barred from citizenship and was entitled to consideration for suspension of deportation.

Kristensen prevailed in the case because the Court determined that he was not barred from citizenship and was entitled to consideration for suspension of deportation.

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