Schneider v. RuskAnnotate this Case
372 U.S. 224 (1963)
U.S. Supreme Court
Schneider v. Rusk, 372 U.S. 224 (1963)
Schneider v. Rusk
Decided February 18, 1963
372 U.S. 224
Petitioner sued in a Federal District Court for an injunction restraining enforcement of § 352(a)(1) of the Immigration and Nationality Act of 1952, which provides that a naturalized American citizen shall lose his nationality by
"having a continuous residence for three years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated. . . ."
A single-judge District Court refused petitioner's request to convene a three-judge court pursuant to 28 U.S.C. § 2282 and dismissed the action. The Court of Appeals affirmed.
Held: the constitutional question raised by petitioner's complaint was not plainly insubstantial; the single-judge District Court was powerless to dismiss the action on the merits; and a three-judge District Court should have been convened. Pp. 372 U. S. 224-225.
Judgment vacated and case remanded to District Court.
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