United States Supreme Court Cases & Opinions

U.S. Supreme Court

Barber v. Gonzales, 347 U.S. 637 (1954)

Barber v. Gonzales

No. 431

Argued March 10, 1954

Decided June 7, 1954

347 U.S. 637

Syllabus

Respondent was born a national of the United States in the Philippine Islands, came to the continental United States from the Philippine Islands as a national prior to the Philippine Independence Act of 1934, has remained within this country ever since his arrival, and was sentenced to imprisonment in 1941 and 1950 for terms of one year or more for crimes involving moral turpitude.

Held: he may not now be deported under § 19(a) of the Immigration Act of 1917 as an alien who had been so sentenced "after entry." Pp. 347 U. S. 638-643.

(a) Respondent is not deportable under § 19(a) of the Immigration Act of 1917 unless he made an "entry" within the meaning of that provision, notwithstanding § 8 (a)(1) of the Philippine Independence Act which provides that citizens of the Philippine Islands who are not citizens of the United States shall be considered aliens for immigration purposes. Pp. 347 U. S. 639-640.

(b) When respondent came to the United States from the Philippine Islands as a national prior to enactment of the Philippine Independence Act of 1934, he did not make an "entry" into the United States within the meaning of § 19(a) of the Immigration Act of 1917, since he did not come from some "foreign port or place." Pp. 347 U. S. 640-643.

207 F.2d 398 affirmed.

Page 347 U. S. 638