United States Supreme Court Cases & Opinions

U.S. Supreme Court

Kaplan v. Tod, 267 U.S. 228 (1925)

Kaplan v. Tod

No. 241

Argued January 26, 1925

Decided March 2, 1925

267 U.S. 228

Syllabus

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.

Affirmed.

Appeal from an order of the district court dismissing a petition for habeas corpus.

Page 267 U. S. 229