Lavoie v. UNITED STATES IMMIGRATION & NAT. SERVICE
Decision Date | 08 April 1966 |
Docket Number | No. 20220.,20220. |
Citation | 360 F.2d 27 |
Parties | Gerald Joseph LAVOIE, Petitioner, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent. |
Court | U.S. Court of Appeals — Ninth Circuit |
Norman Leonard, of Gladstein, Anderson, Leonard & Sibbett, San Francisco, Cal., for appellant.
Cecil F. Poole, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for appellee.
Before MADDEN, Judge of the Court of Claims, and MERRILL and BROWNING, Circuit Judges.
Petitioner seeks review of an order of the Immigration and Naturalization Service directing his deportation to Canada, grounded upon a finding that he was, at the time of his entry to this country, a homosexual and as such an alien "afflicted with psychopathic personality" and thus was of a class excludible by law at that time. §§ 241(a) and 212(a)(4), Immigration and Nationality Act, 8 U. S.C. §§ 1251(a) and 1182(a)(4).
This case is controlled by Fleuti v. Rosenberg, 302 F.2d 652, 658 (9th Cir.1962), remanded on other grounds 374 U.S. 449, 83 S.Ct. 1804, 10 L.Ed.2d 1000 (1963), where we held that the term "psychopathic personality" "* * * fails to meet the test to be applied in determining whether a statute is vague in the constitutional sense" and that the statute in its application to homosexuals is therefore void for vagueness.
The order of March 11, 1965, for deportation of Gerald Joseph Lavoie is declared to be void; that order is hereby set aside and its enforcement is enjoined.
I concur in the court's disposition of the case, but I do so only because of the precedent cited in the court's opinion.
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Boutilier v. Immigration and Naturalization Service, 429
...argument persuasive and, citing Fleuti, has recently adhered to this view in a per curiam opinion, Lavoie v. United States Immigration and Naturalization Service, 360 F.2d 27 (9th Cir. 1966). At the heart of Boutilier's argument is the notion that the term "psychopathic personality" lacked ......
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Lavoie v. Immigration and Naturalization Service, 23182.
...7, 1965, the petitioner filed in this court a petition for review of the deportation order. This court, in Lavoie v. United States Immigration and Naturalization Service, 360 F.2d 27, on April 8, 1966, set aside the deportation order on the ground that the statute on which the order was bas......
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