419 U.S. 919 (1974)

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U.S. Supreme Court


419 U.S. 919

James Spencer DUNN
No. 73-1728.

Supreme Court of the United States

October 21, 1974

On Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.

The petition for a writ of certiorari is denied.

Mr. Justice STEWART, with whom Mr. Justice DOUGLAS joins, dissenting.

Petitioner seeks review of the Service's order deporting him to Canada, his nation of citizenship. The Ninth Circuit noted that the Service's 'discretion . . . might have been exercised with greater compassion,' but none-

Page 419 U.S. 919 , 920

theless upheld the order on the theory that 'the scope of . . . review in this area is extremely narrow.'

The facts are peculiar; or, more accurately, the Service's action is peculiar in light of the facts. Moving to this country with his parents in 1953 (at age 9), petitioner acquired permanent resident alien status. As such, he was subject to the draft, 50 U.S.C. App. 454(a), and he duly registered on his 18th birthday. In August of 1966, he was ordered to report for induction on September 28, 1966. Possessing strong views against war and conscription, petitioner decided to go to Canada, rather than serve. At the border, he turned in his Alien Immigration Card but expressly refused to sign a formal renunciation of his permanent resident status. Very quickly, he thought better of his decision to leave. On September 28, his induction date, petitioner telephoned his draft board to announce that he was returning to the United States to surrender to a U. S. Attorney and to accept the legal penalty for refusing induction. On October 3, 1966, petitioner flew to Chicago and turned himself in to the U. S. Attorney. The Government took no action for 21 months, during which time petitioner studied at an American university.

Finally, in July of 1968, petitioner was indicted under 50 U.S.C.App . 462 for 'evad[ing] or refus[ing] . . . service in the armed forces.' He pleaded guilty and was sentenced to six months' imprisonment and 18 months' probation, the latter conditioned on his doing civilian work of national importance. Petitioner served this sentence in full.

Two years later, the Service moved to deport him, on grounds that he had fled the country to evade the draft, 8 U.S.C. 1182(a)(22), and abandoned his immigrant status in the process, [419 U.S. 919 , 921]

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