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Kennedy v. Mendoza-Martinez
United States Supreme Court
372 U.S. 144 (1963)
Francisco Mendoza-Martinez (defendant) was a dual citizen of the United States and Mexico. In 1942, Mendoza-Martinez went to Mexico for the purpose of evading military service and did not return until 1946. Mendoza-Martinez was convicted of evading military service and served a sentence of one year and one day. Subsequently, Mendoza-Martinez was stripped of his American citizenship because he had evaded military service, and he was subject to deportation. After a deportation hearing, the United States attorney general’s special-inquiry officer ordered Mendoza-Martinez to be deported as an alien. Mendoza-Martinez appealed to the Board of Immigration Appeals of the Department of Justice. The board dismissed his appeal. Mendoza-Martinez sought declaratory relief in the United States District Court for the Southern District of California. The district court determined that the statute divesting Mendoza-Martinez of citizenship was unconstitutional because it was penal in character and did not provide due process. United States Attorney General Robert F. Kennedy appealed.
Rule of Law
Holding and Reasoning (Goldberg, J.)
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