United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lehmann v. Carson, 353 U.S. 685 (1957)

Lehmann v. United States ex rel. Carson or Carasaniti

No. 72

Argued March 26-27, 1957

Decided June 3, 1957

353 U.S. 685

Syllabus

An alien entered the United States in 1919 as a stowaway, and no action was taken to deport him "within five years after entry," as then limited by § 19 of the Immigration Act of 1917. In 1936, he was convicted in Ohio of two separate crimes of blackmail, and was given two separate sentences, the second to begin at the expiration of the first. In 1945, he was granted a conditional pardon by the Governor of Ohio for the second conviction. After enactment of the Immigration and Nationality Act of 1952, he was ordered deported thereunder on two grounds: (1) as an alien who, at the time of entry, was excludable by the then existing law, and (2) as an alien who had been convicted of two crimes involving moral turpitude, for neither of which had he been granted "a full and unconditional pardon." In a habeas corpus proceeding, he challenged the validity of his deportation.

Held: the validity of his deportation under the 1952 Act is sustained. Pp. 353 U. S. 686-690.

(a) The saving clause in § 405(a) of the 1952 Act is inapplicable where "otherwise specifically provided," and § 241 contains provisions which specifically provide otherwise with respect to the circumstances involved in this case. Pp. 353 U. S. 688-690.

(b) Section 241(a)(1) specifically provides for the deportation of an alien who, "at the time of entry, was . . . excludable by the laws existing at [that] time," and § 241(a)(4) specifically provides for the deportation of an alien who, "at any time after entry," has been convicted of two crimes involving moral turpitude. P. 353 U. S. 689.

(c) Section 241(d) makes §§ 241(a)(1) and 241(a)(4) applicable retroactively to cover offenses of the kinds here involved. Pp. 353 U. S. 689-690.

228 F.2d 142 reversed.

Page 353 U. S. 686