Mackey v. Mendoza-Martinez

Citation362 U.S. 384,80 S.Ct. 785,4 L.Ed.2d 812
Decision Date18 April 1960
Docket NumberNo. 29,MENDOZA-MARTINEZ,29
PartiesMACKEY, Commissioner of Immigration and Naturalization Service, et al., Appellants, v. Francisco
CourtUnited States Supreme Court

Mr. Oscar H. Davis, Washington, D.C., for appellants.

Mr. Thomas R. Davis, for respondent.

PER CURIAM.

This is a suit by appellee for a declaratory judgment that he is a citizen of the United States. The District Court sustained the contention of the United States that appellee had lost his citizenship by reason of § 401(j)1 of the Nationality Act of 1940, 54 Stat. 1137, as amended, 58 Stat. 746, 8 U.S.C. § 1481(a)(10), 8 U.S.C.A. § 1481(a)(10), and the Court of Appeals affirmed. 9 Cir., 238 F.2d 239. Meanwhile we had decided Trop v. Dulles, 356 U.S. 86, 78 S.Ct. 590, 2 L.Ed.2d 630, and when certiorari was sought here we granted the petition and remanded the cause to the District Court for reconsideration in light of that decision. 356 U.S. 258, 78 S.Ct. 713, 2 L.Ed.2d 757. On remand the District Court held that § 401(j) was unconstitutional. The case is here on direct appeal (28 U.S.C. § 1252, 28 U.S.C.A. § 1252) from the judgment of the District Court holding that appellee is therefore a citizen of the United States. We noted probable jurisdiction. 359 U.S. 933, 79 S.Ct. 648, 3 L.Ed.2d 635.

After the case was argued the Court, sua sponte, put to the parties the following questions based on appellee's conviction for draft evasion:2

'(1) Was the judgment of conviction of appellee for draft evasion premised in any respect upon his citizenship status after the date of enactment of Section 401(j)?

'(2) If so, does the judgment of conviction for any reason foreclose litigation of the appellee's citizenship in the present case?

'(3) Are the foregoing questions appropriate for the Court's consideration?'

The parties have filed supplemental briefs and from them it appears that the offense charged, and to which appellee pleaded guilty, was departing from the United States November 15, 1942, to evade service in the Armed Forces and remaining away until November 1, 1946. The statute under which he was convicted placed the duty of service on 'every male citizen of the United States, and of every other male person residing in the United States.' 54 Stat. 885, as amended, 55 Stat. 844, 50 U.S.C.App. 303(a) (1940 ed. Supp. I).3

Appellee contends that while that Act requires service of aliens residing here, it is inapplicable to nonresident aliens; and that therefore the charge in the indictment that appellee remained away could be applicable only if appellee were a citizen. Indeed the facts stipulated in the present case state that he was a citizen by birth. It follows, appellee argues, that the judgment of conviction for draft violation necessarily included an adjudication of citizenship, and that that judgment brings into play the doctrine of collateral estoppel (Washington, Alexandria & Georgetown Steam Packet Co. v. Sickles, 5 Wall. 580, 18 L.Ed. 550; Emich Motors Corp. v. General Motors Corp., 340 U.S. 558, 71 S.Ct. 408, 95 L.Ed. 534) since the conviction of draft evasion was subsequent to September 27, 1944, the date of the enactment of § 401(j). The Solicitor General argues, inter alia, that the issue of citizenship was not necessarily involved in the conviction for draft evasion since a charge of evasion by an alien would be made out even though he had left the country provided the duty to serve had attached when he resided here. The Solicitor General suggests, however, that the avoidance of a constitutional issue when not clearly necessary and the importance of citizenship to the appellee are important factors to be considered in disposing of the case. He is of the view that 'there is so little ground for saying that appellee's citizenship status has already been definitively decided, we believe that this issue should not and need not be canvassed by the Court.' Yet with his customary candor the Solicitor General says, 'But if the Court should be convinced on this record that appellee's citizenship was authoritatively determined in his favor in the 1947 criminal proceeding, we would not oppose a resolution of the case on that basis.'

The issue of collateral estoppel is a question that clouds the underlying issue of constitutionality. Since the issue of collateral estoppel may be dispositive of the case, we remand the cause to the District Court with permission to the parties to amend the pleadings, if they so desire, to put in issue the question of collateral estoppel and to obtain an adjudication upon it.

It is so ordered.

Cause remanded to District Court.

Separate memorandum of Mr. Justice FRANKFURTER.

The Solicitor General's acquiescence in having this case disposed of by avoiding decision of the important constitutional question concerning the validity of § 401(j) of the Nationality Act of 1940, which is the only one presented by the record, probably reflects an understandable desire on the part of the Government to have this Court adjudicate that issue unembarrassed by an extraneous problem that did not come to the surface until this appeal had been submitted. I do not think that this new matter—a claim of collateral estoppel—should be considered here as though this were a court of first instance. No matter how sympathetic one may be towards liberalization of pleading and informality in judicial proceedings the intrinsic demands of orderliness in the judicial process require...

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15 cases
  • Kennedy v. Mendoza-Martinez
    • United States
    • U.S. Supreme Court
    • 18 February 1963
    ...Attorney General from now claiming that Mendoza-Martinez had lost his American citizenship while in Mexico. Mackey v. Mendoza-Martinez, 362 U.S. 384, 80 S.Ct. 785, 4 L.Ed.2d 812. The District Court on remand held that the Government was not collaterally estopped because the 1947 criminal pr......
  • 82 20 Communist Party of United States v. Subversive Activities Control Board
    • United States
    • U.S. Supreme Court
    • 5 June 1961
    ...considered nor decided by the court below, nor argued here.' Id., 329 U.S. at page 132, 67 S.Ct. at page 232. Only last Term in Mackey v. Mendoza-Martinez, supra, the Court, in an effort to avoid an unnecessary constitutional decision, remanded the case to the District Court for considerati......
  • Rosenberg v. Fleuti
    • United States
    • U.S. Supreme Court
    • 17 June 1963
    ...329 U.S. 129, 67 S.Ct. 231, 91 L.Ed. 128; Neese v. Southern R. Co., 350 U.S. 77, 76 S.Ct. 131, 100 L.Ed. 60; Mackey v. Mendoza-Martinez, 362 U.S. 384, 80 S.Ct. 785, 4 L.Ed.2d 812; we have concluded that there is a threshold issue of statutory interpretation in the case, the existence of whi......
  • United States v. Pipefitters Local Union No. 562
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • 17 December 1970
    ...from time to time by the union in the collection of its regular dues and assessments." 4 See, e. g., Mackey v. Mendoza-Martinez, 362 U.S. 384, 80 S.Ct. 785, 4 L.Ed.2d 812 (1960); Alma Motor Co. v. Timken-Detroit Axle Co., 329 U.S. 129, 80 S.Ct. 1222, 4 L.Ed.2d 1170 5"Rule 23. The petition f......
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1 books & journal articles
  • The Road to Bush v. Gore:1 the History of the Supreme Court's Use of the Per Curiam Opinion
    • United States
    • University of Nebraska - Lincoln Nebraska Law Review No. 79, 2021
    • Invalid date
    ...at this stage of the proceedings." Id.* at 550-51. Douglas never uses the words dissent or concur. See also Mackey v. Mendoza-Martinez*, 362 U.S. 384, 387 (1960), where Justice Frankfurter's opinion is labeled "Separate memorandum" and does not refer to a dissent or concurrence. 53. The fir......

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