United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Witkovich, 353 U.S. 194 (1957)

United States v. Witkovich

No. 295

Argued February 28, 1957

Decided April 29, 1957

353 U.S. 194

Syllabus

Appellee was indicted under § 242(d) of the Immigration and Nationality Act of 1952 on the charge that, as an alien against whom a final order of deportation had been outstanding for more than six months, he had willfully failed to give information requested by the Immigration and Naturalization Service under the purported authority of clause (3) of that Section. The information he was charged with failing to furnish concerned (1) present membership in and activities on behalf of the Communist Party and other organizations, and (2) associations with particular individuals.

Held: construing clause (3) of § 242(d) in the context of the entire Section and of the scheme of the legislation as a whole, with due regard to the principle of so construing statutes as to avoid raising constitutional questions, the information an alien is required to furnish under clause (3) relates solely to his availability for deportation, and dismissal of the indictment for failure to state an offense is sustained. Pp. 353 U. S. 194-202.

140 F. Supp. 815 affirmed.