Kaplan v. TodAnnotate this Case
267 U.S. 228 (1925)
U.S. Supreme Court
Kaplan v. Tod, 267 U.S. 228 (1925)
Kaplan v. Tod
Argued January 26, 1925
Decided March 2, 1925
267 U.S. 228
1. Section 2172 of the Revised Statutes, by which naturalization of parents extends to minor children "if dwelling in the United States," does not apply where a child was rightly denied entry as a feeble-minded person and ordered deported but permitted, under special safeguards, to remain in this country with her father while the deportation was temporarily suspended because of the late war. P. 229.
2. Under the above circumstances, the alien, properly speaking, has not "entered" the United States and is not "found" there, but is in custody at the limit of jurisdiction awaiting the order of the authorities; consequently the limitation of five years upon liability to deportation (Act of February 5, 1917, c. 29, § 19, 39 Stat. 889) is inapplicable. P. 267 U. S. 230.
Appeal from an order of the district court dismissing a petition for habeas corpus.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.