In the Matter of F

10 Cited authorities

Carlson v. Landon
342 U.S. 524 (1952) Cited 627 times 1 Legal Analyses
Holding that mandatory detention of Communist noncitizens in removal proceedings does not violate the Due Process Clause
Harisiades v. Shaughnessy
342 U.S. 580 (1952) Cited 561 times
Holding that the Ex Post Facto Clause does not apply to deportation orders because "[d]eportation, however severe its consequences, has been consistently classified as a civil rather than a criminal procedure"
Reid v. Covert
354 U.S. 1 (1956) Cited 483 times 4 Legal Analyses
Holding that the United States Government must abide by the Constitution when it prosecutes civilian dependents accompanying members of the armed forces overseas
United States ex rel. Toth v. Quarles
350 U.S. 11 (1955) Cited 277 times
Holding that ex-servicemen, "like other civilians, are entitled to have the benefit of safeguards afforded those tried in the regular courts authorized by Article III of the Constitution"
Duncan v. Kahanamoku
327 U.S. 304 (1946) Cited 65 times
Rejecting Government argument that statute authorized trial of civilians by military tribunals because Congress could not have intended "to exceed the boundaries between military and civilian power, in which our people have always believed"
Ex Parte Reed
100 U.S. 13 (1879) Cited 131 times
Distinguishing between "erroneous and voidable" and "absolutely void" judgments
Gubbels v. Hoy
261 F.2d 952 (9th Cir. 1958) Cited 7 times
In Gubbels the Court of Appeals for the Ninth Circuit held that court-martial convictions could not provide a basis for deportation under § 241(a)(4) because a military court is not so constituted as to make the privilege accorded by § 241(b)(2) available to a convicted alien.
Mercer v. Lence
96 F.2d 122 (10th Cir. 1938) Cited 15 times
No. 1606. April 12, 1938. Appeal from the District Court of the United States for the District of Utah; Tillman D. Johnson, Judge. Habeas corpus proceeding by John Lawrence Mercer against M.F. Lence, District Director, Immigration and Naturalization Service, Department of Labor, and the United States of America, to procure petitioner's release from custody for deportation to Canada. From an order discharging the writ and remanding petitioner to custody, petitioner appeals. Affirmed. Marshall Chapman
United States v. Kenney
50 F.2d 418 (D. Conn. 1931) Cited 7 times
No. 3364. May 9, 1931. Spellacy, Ryan Yeomans, of Hartford, Conn., for petitioner. John Buckley, U.S. Atty., and George H. Cohen, Asst. U.S. Atty., both of Hartford, Conn., for respondents. At Law. Habeas corpus by the United States, on the relation of Antonio Rizzio, alias Tony Marino, against Roland W. Kenney, Immigration Inspector, and others. Writ sustained. THOMAS, District Judge. The facts are stipulated and the pertinent parts of the stipulation follow: The relator was born in Italy on September
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,154 times 1 Legal Analyses
Delineating crimes that make alien deportable

In the Matter of F

10 Cited authorities

Holding that mandatory detention of Communist noncitizens in removal proceedings does not violate the Due Process Clause

Holding that the Ex Post Facto Clause does not apply to deportation orders because "[d]eportation, however severe its consequences, has been consistently classified as a civil rather than a criminal procedure"

Holding that the United States Government must abide by the Constitution when it prosecutes civilian dependents accompanying members of the armed forces overseas

Holding that ex-servicemen, "like other civilians, are entitled to have the benefit of safeguards afforded those tried in the regular courts authorized by Article III of the Constitution"

Rejecting Government argument that statute authorized trial of civilians by military tribunals because Congress could not have intended "to exceed the boundaries between military and civilian power, in which our people have always believed"

Distinguishing between "erroneous and voidable" and "absolutely void" judgments

In Gubbels the Court of Appeals for the Ninth Circuit held that court-martial convictions could not provide a basis for deportation under § 241(a)(4) because a military court is not so constituted as to make the privilege accorded by § 241(b)(2) available to a convicted alien.

Delineating crimes that make alien deportable