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Barber v. Gonzales

347 U.S. 637 (1954)

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Barber v. Gonzales

United States Supreme Court

347 U.S. 637 (1954)

Facts

Gonzales (defendant) was a national of the United States. He was born in the Philippine Islands in 1913 while it was still a United States territory. Gonzales moved to the continental United States in 1930, which was prior to the 1934 Philippine Independence Act. During his time in the US, Gonzales was convicted and sentenced to time in prison for two separate felonies. As a result, Gonzales was subject to an administrative hearing and subsequently ordered to be deported back to the Philippine Islands by Barber (plaintiff), the director of the Immigration and Naturalization Service (INS), under § 19(a) of the Immigration Act of 1917. Section 19(a) provided that an alien who “after entry” was sentenced to more than one felony would be subject to deportation. Entry requires arrival from a foreign port or place. Gonzales appealed to the United States District Court for the Northern District of California, arguing he was not subject to deportation because he had not made “entry” within the meaning of § 19(a). The district court dismissed the petition. Gonzales appealed to the United States Court of Appeals for the Ninth Circuit, which reversed the district court. The government appealed to the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Warren, C.J.)

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