Costello v. INS
376 U.S. 120 (1964)

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U.S. Supreme Court

Costello v. INS, 376 U.S. 120 (1964)

Costello v. Immigration and Naturalization Service

No. 83

Argued December 12, 1963

Decided February 17, 1964

376 U.S. 120

Syllabus

Petitioner, while a naturalized citizen, was convicted of two separate offenses involving moral turpitude. Following his subsequent denaturalization on the ground that his citizenship had been acquired by willful misrepresentation, proceedings were brought against him under § 241(a)(4) of the Immigration and Nationality Act of 1952, which provides for deportation of an alien who at any time after entry "is convicted" of two crimes involving moral turpitude. He was found deportable, and the Court of Appeals dismissed his petition for review.

Held:

1. The two convictions relied upon to support deportation both occurred at a time when petitioner was a naturalized citizen, and he was therefore not deportable, the statute permitting only deportation of one who was an alien at the time of his convictions. Eichenlaub v. Shaughnessy,338 U. S. 521, distinguished. Pp. 376 U. S. 121-128.

2. The provision in § 340(a) of the Act that a denaturalization order shall be effective as of the original date of naturalization is inapplicable to the general deportation provisions of the Act. Petitioner could not, therefore, under the "relation-back" theory of that provision be deemed to have been an alien at the time of his convictions. Pp. 376 U. S. 128-132.

311 F.2d 343, reversed.

Page 376 U. S. 121

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