Lehmann v. United States Carson

• Decision Date: 03 June 1957
• Docket Number: No. 72,72
• Citation: 1 L.Ed.2d 1122,353 U.S. 685,77 S.Ct. 1022
• Parties: John M. LEHMANN, Officer in Charge, Immigration and Naturalization Service, Petitioner, v. UNITED STATES of America ex rel. Bruno CARSON or Bruno Carasaniti
• Court: U.S. Supreme Court

353 U.S. 685

77 S.Ct. 1022

1 L.Ed.2d 1122

John M. LEHMANN, Officer in Charge, Immigration and Naturalization Service, Petitioner,

v UNITED STATES of America ex rel. Bruno CARSON or Bruno Carasaniti.

No. 72.

Argued March 26, 27, 1957.

Decided June 3, 1957.

Rehearing Denied July 8, 1957.

See 354 U.S. 944, 77 S.Ct. 1421.

Mr Roger D. Fisher, Washington, D.C., for the petitioner.

Mr. David Carliner, Washington, D.C., for the respondent.

Mr. Justice WHITTAKER delivered the opinion of the Court.

Respondent, a native and citizen of Italy, entered the United States in 1919 as a stowaway. No action was taken to deport him 'within five years after entry' as then limited by § 19 of the Immigration Act of February 5, 1917, 39 Stat. 889.

On January 15, 1936, respondent was convicted in Ohio of the crime of blackmail, and he was sentenced to imprisonment. On April 25, 1936, he was again convicted in Ohio of another crime of blackmail and sentenced to imprisonment. The second sentence was to begin at the expiration of the first. He was released from prison on February 1, 1941. A proceeding to deport him, under the provisions of § 19 of the Act of February 5, 1917, based upon his convictions of these two independent crimes, was commenced, but before final determination of that proceeding, the Governor of Ohio, on July 30, 1945, granted petitioner a conditional pardon¹ for the second conviction. Because of that conditional pardon and of the provision in § 19 of the 1917 Act that 'the deportation of aliens convicted of a crime involving moral turpi- tude shall not apply to one who has been pardoned,' that deportation proceeding was withdrawn on October 9, 1945.

In 1952 Congress enacted the Immigration and Nationality Act of 1952, 66 Stat. 163, 8 U.S.C. § 1101 et seq., 8 U.S.C.A. § 1101 et seq., by which it repealed² the Immigration Act of February 5, 1917, and, in many respects, substantially changed the law. The present proceeding was brought under the 1952 Act to deport respondent upon two grounds: first, under § 241(a)(1), as an alien who, at the time of entry, was excludable by the law existing at the time of entry (i.e., a stowaway under § 3 of the Immigration Act of February 5, 1917, 39 Stat. 875^*), and, second, under § 241(a)(4), 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.' After a hearing, respondent was ordered deported by a special inquiry officer. That order was affirmed by the Board of Immigration Appeals.

Respondent then filed a petition for a writ of habeas corpus in the District Court for the Northern District of Ohio, contending that, because of the five-year limitation contained in the former Act (§ 19 of the Immigration Act of February 5, 1917), he could not lawfully be deported as a stowaway after the lapse of five years from the date he entered this country, and that he could not lawfully be deported for having been convicted of the two crimes of blackmail, because he had been conditionally pardoned for one of them. The District Court denied the petition. The Court of Appeals reversed, United States v. Kershner, 6 Cir., 228 F.2d 142, 146, holding that respondent had acquired a 'status of non-deportability,' under the prior law, which was protected to him by the savings clause in § 405(a) of the 1952 Act, 66 Stat. 280, 8 U.S.C. § 1101, Note, 8 U.S.C.A. § 1101 note, 'unless otherwise specifically provided' in that Act, which it held had not been done. We granted certiorari. 352 U.S. 915, 77 S.Ct. 211, 1 L.Ed.2d 121.

Section 405(a) of the 1952 Act, upon which the Court of Appeals relied, provides in pertinent part as follows:

'(a) Nothing contained in this Act, unless otherwise specifically provided therein, shall be construed * * * to affect any prosecution, suit, action, or proceedings, civil or criminal, brought, or any status, condition, right in process of acquisition, act, thing, liability, obligation, or matter, civil or criminal, done or existing, at the time this Act shall take effect; but as to all such prosecutions, suits, actions, proceedings, statutes,³ conditions, rights, acts, things, liabilities, obligations, or matters the statutes or parts of statutes repealed by this Act are, unless otherwise specifically provided therein, hereby continued in force and effect * * *.' (Emphasis supplied.)

By its express terms, § 405(a) does not apply if it is 'otherwise specifically provided' in the Act. As respects the grounds of deportation involved here, we think the Act does otherwise specifically provide in § 241, 66 Stat. 204, 8 U.S.C. § 1251, 8 U.S.C.A. § 1251. That section, so far as here pertinent, provides:

'(a) Any alien in the United States (including an alien crewman) shall, upon the order of the Attorney General, be deported who—

'(1) at the time of entry was within one or more of the classes of aliens excludable by the law existing at the time of such entry;

'(4) * * * at any time after entry is convicted of two crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial;

'(b) The provisions of subsection (a)(4) respecting the deportation of an alien convicted of a crime or crimes shall not apply (1) in the case of any alien who has subsequent to such conviction been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States * * *.

'(d) Except as otherwise specifically provided in this section, the provisions of this section shall be applicable to all aliens belonging to any of the classes enumerated in subsection (a), notwithstanding (1) that any such alien entered the United States prior to the date of enactment of this Act, or (2) that the facts, by reason of which any such alien belongs to any of the classes enumerated in subsection (a), occurred prior to the date of enactment of this Act.' (Emphasis supplied.)

Thus, even if we assume that respondent has a 'status' within the meaning of § 405(a), that section by its own terms does not apply to situations 'otherwise specifically provided' for in the Act. Section 241(a)(1) specifically provides for the deportation of an alien who 'at the time of entry was * * * excludable by the law 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. And § 241(d) makes §§ 241(a)(1) and 241(a)(4) applicable to all aliens covered thereby 'notwithstanding (1) that any such alien entered the United States prior to the date of enactment of this Act, or (2) that the facts, by reason of which any such alien belongs to any of the classes enumerated in subsection (a), occurred prior to the date of enactment of this Act.' It seems to us indisputable, therefore, that Congress was legislating retrospectively, as it may do,⁴ to cover offenses of the kind here involved. This case is, therefore, 'otherwise specifically provided' for within the meaning of § 405(a). The Court of Appeals was in error in holding to the contrary, and its judgment is reversed.

Reversed.

Opinion of Mr. Justice BLACK, with whom Mr. Justice DOUGLAS concurs.

I agree with the Court that § 241 of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1251, 8 U.S.C.A. § 1251, makes aliens deportable for past offenses which when committed were not grounds for deportation. The Court goes on to hold, however, that such retrospective legislation is a valid exercise of congressional power, despite Art. I, § 9, of the Constitution providing that 'No Bill of Attainder or ex...