United States Supreme Court Cases & Opinions

U.S. Supreme Court

Kimm v. Rosenberg, 363 U.S. 405 (1960)

Kimm v. Rosenberg

No. 139

Argued May 16-17, 1960

Decided June 13, 1960

363 U.S. 405

Syllabus

Petitioner, an alien whose deportation had been ordered, applied under § 19(c) of the Immigration Act of 1917, as amended, for an order suspending his deportation or permitting his voluntary departure. In an administrative hearing on his application, he was asked whether he was a member of the Communist Party. He refused to answer, claiming the Fifth Amendment privilege against self-incrimination. His application was denied on the ground that he had failed to prove his eligibility under § 19 and the Internal Security Act of 1950.

Held: denial of his application is sustained, since §19(d) and the Internal Security Act of 1950 make Communists ineligible for suspension of deportation, and the burden was on petitioner to show that he was eligible for such suspension. Pp. 363 U. S. 405-408.

263 F.2d 773 affirmed.