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Shomberg v. United States, 348 U.S. 540 (1955)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Shomberg v. United States, 348 U.S. 540 (1955)
Shomberg v. United States No. 48 Argued March 1, 1955 Decided April 4, 1955 348 U.S. 540
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
An alien who filed his petition for naturalization two days before the effective date of the Immigration and Nationality Act of 1952 cannot compel a final hearing on such petition before the determination of deportation proceedings instituted against him after the effective date of the Act and based solely on grounds initiated by that Act. Pp. 541-548.
(a) The "priority provision" of § 318 of the 1952 Act, that "no petition for naturalization shall be finally heard . . . if there is pending against the petitioner a deportation proceeding," specifically excepts rights under the prior law from the protection of the savings clause of § 405 when these rights stem from a petition for naturalization or from some other step in the naturalization process. Pp. 542-545.
(b) Congress did not intend § 318 to apply only to deportation proceedings based on grounds existing under the prior law. P. 546.
(c) The contention that a change in the punctuation of § 318 resulted in the application of the "notwithstanding" clause to final findings of deportability, but not to pending proceedings, is rejected. P. 546, n.4.
(d) The "notwithstanding" language in § 318 clearly manifested the intent of Congress that certain policies should override the otherwise broad and pervasive principle of the savings clause of § 405. Pp. 546-548.
210 F.2d 82 affirmed.
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Chicago:
U.S. Supreme Court, "Syllabus," Shomberg v. United States, 348 U.S. 540 (1955) in 348 U.S. 540 348 U.S. 541. Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=I5UMGFRUHRLLQ6D.
MLA:
U.S. Supreme Court. "Syllabus." Shomberg v. United States, 348 U.S. 540 (1955), in 348 U.S. 540, page 348 U.S. 541. Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=I5UMGFRUHRLLQ6D.
Harvard:
U.S. Supreme Court, 'Syllabus' in Shomberg v. United States, 348 U.S. 540 (1955). cited in 1955, 348 U.S. 540, pp.348 U.S. 541. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=I5UMGFRUHRLLQ6D.
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