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Costello Vs. Ins
Cites for this judgment
- US Supreme Court
- Feb 17, 1964
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U.S. 120 (1964) U.S. Supreme Court Costello v. INSSearch
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U.S. 120 (1964) Costello v. ImmigrationSearch
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deportable, the statute permitting only deportation of one who was an alien at the time of his convictions. Eichenlaub v. ShaughnessySearch
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of two separate offenses of income tax evasion, and the convictions were ultimately affirmed by this Court. Costello v. UnitedSearch
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had been acquired by willful misrepresentation. This Court affirmed the judgment of denaturalization. Costello v. UnitedSearch
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F.2d at 345. The court found additional support for its conclusion in United States ex rel. Eichenlaub v. ShaughnessySearch
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Gubbels v. HoySearch
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deportation is a drastic measure and at times the equivalent of banishment or exile, Delgadillo v. CarmichaelSearch
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cases before 1952 had held that an order of denaturalization made the original naturalization a nullity, Johannessen v. UnitedSearch
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determining rights of derivative citizenship, denaturalization related back to the date of naturalization. Battaglino v. MarshallSearch
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Rosenberg v. UnitedSearch
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cases could properly be related to the task of construing a deportation statute. United States ex rel. Eichenlaub v. WatkinsSearch
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Willumeit v. WatkinsSearch
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And when those cases came here, this Court pointedly declined to adopt the Second Circuit's reasoning. Eichenlaub v. ShaughnessySearch
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a)(4) in the 1917 Act. United States ex rel. Brancato v. LehmannSearch
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that only a competent court in appropriate proceedings can nullify a status of naturalized citizenship. United States v. StephanSearch
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The companion case, Willumeit v. ShaughnessySearch
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Stat. 656. In United States ex rel. Brancato v. LehmannSearch
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See Mr. Justice Frankfurter's dissenting opinion in Eichenlaub v. ShaughnessySearch
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filing false and fraudulent returns for the years 1948 and 1949. The convictions were affirmed by this Court. Costello v. UnitedSearch
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on the ground that it had been procured by willful misrepresentation, and this judgment was also affirmed. Costello v. UnitedSearch
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would not have forfeited residential privileges under the previous law. This was the holding of the Court in Lehmann v. CarsonSearch
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the former law, a conditional pardon given for one of them would have saved the alien from deportation. Given Lehmann v. CarsonSearch
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in 1950, a little over two years before the final passage of the 1952 Immigration and Nationality Act, in Eichenlaub v. ShaughnessySearch
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and its companion case Willumeit v. ShaughnessySearch
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was intended to expand its coverage. I find both branches of the argument untenable. Prior to 1952, Rosenberg v. UnitedSearch
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States, 60 F.2d 475 (C.A.3d Cir. 1932), and Battaglino v. MarshallSearch
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by no means limited to problems of derivative citizenship, as is shown by the Second Circuit's decisions in Eichenlaub v. WatkinsSearch
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F.2d 659 (C.A.2d Cir. 1948), aff'd sub nom. Eichenlaub v. ShaughnessySearch
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and Willumeit v. WatkinsSearch
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F.2d 773 (C.A.2d Cir. 1949), aff'd sub nom. Eichenlaub v. ShaughnessySearch
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the decree of denaturalization relates back at least for this purpose. Cf. Rosenberg v. UnitedSearch
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b), on the other, I regard the Court's reliance on Fong Haw Tan v. PhelanSearch
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U. S. 135 , 197 U. S. 143 . See United States v. ShireySearch
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United States v. AmericanSearch
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Ozawa v. UnitedSearch
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Marcello v. BondsSearch
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Brief for the Petitioner, Willumeit v. ShaughnessySearch
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ex post facto, ' by its historical origin and by the pronouncements of the Court in such cases as Eichenlaub v. ShaughnessySearch
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case to apply the doctrine, dictum in this Court's decisions as early as 1912 implied its existence. In Johannessen v. UnitedSearch
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