Lennon v. Immigration and Naturalization Service
United States Court of Appeals for the Second Circuit
527 F.2d 187 (1975)
- Written by Salina Kennedy, JD
Facts
In 1968, John Lennon (plaintiff), a British national and a famous musician, pleaded guilty in a British court to possession of cannabis resin, a form of marijuana. The court fined Lennon £150. In 1971, Lennon and his wife, Yoko Ono, moved to New York. Due to Lennon’s criminal record, the Immigration and Naturalization Service (INS) (defendant) issued the couple temporary visas. When the visas expired, the INS notified Lennon that he would need to leave the country or face deportation. Lennon and Ono applied for third-preference status, a prerequisite to gaining permanent residence. Several days later, the INS initiated deportation proceedings. While the deportation proceedings were pending, the INS approved the couple’s petition for third-preference status. Lennon and Ono then applied for permanent residence. The immigration judge granted Ono’s application. However, the judge denied Lennon’s petition due to his British conviction for marijuana possession and ordered him deported. The Board of Immigration Appeals affirmed, and Lennon appealed to the United States Court of Appeals for the Second Circuit.
Rule of Law
Issue
Holding and Reasoning (Kaufman, C.J.)
Dissent (Mulligan, J.)
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