United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Spector, 343 U.S. 169 (1952)

United States v. Spector

No. 443

Argued March 6, 1952

Decided April 7, 1952

343 U.S. 169

Syllabus

1. Section 20(c) of the Immigration Act of 1917, as amended, 8 U.S.C. § 156(c), which makes it a felony for an alien against whom a specified order of deportation is outstanding to "willfully fail or refuse to make timely application in good faith for travel or other documents necessary to his departure" is not, on its face, void for vagueness. Pp. 343 U. S. 170-172.

2. The question whether the statute is unconstitutional because it affords a defendant no opportunity to have the court which tries him pass on the validity of the order of deportation is reserved, because it is not properly before the Court in this case. Pp. 343 U. S. 172-173.

99 F.Supp. 778 reversed.

The District Court dismissed two counts of an indictment against respondent on the ground that § 20(c) of the Immigration Act of 1917, as amended, 8 U.S.C. § 156(c), on which they were based, was void for vagueness. 99 F.Supp. 778. On appeal to this Court under 18 U.S.C. § 3731, reversed, p. 343 U. S. 173.

Page 343 U. S. 170