Reid v. Ins, 420 U.S. 619 (1975)

Reid v. Immigration and Naturalization Service

No. 73-1541

Argued January 20, 1975
Decided March 18, 1975
420 U.S. 619

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

The Immigration and Naturalization Service, relying on § 241(a)(2) of the Immigration and Nationality Act, instituted deportation proceedings against petitioners, a husband and wife who had entered this country after falsely representing themselves to be United States citizens, and thereafter had two children who were born in this country. Section 241(a), inter alia, specifies that an alien shall be deported who (1) at the time of entry was within a class of aliens excludable by the law existing at the time of such entry, or (2) entered the United States without inspection. Section 241(f) states:

The provisions of this section relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as aliens who have sought to procure, or have procured visas or other documentation, or entry into the United States by fraud or misrepresentation shall not apply to an alien otherwise admissible at the time of entry who is the spouse, parent, or a child of a United States citizen or of an alien lawfully admitted for permanent residence.

Petitioners were found deportable, and, on petition for review, the Court of Appeals affirmed, rejecting petitioners’ contention that they were saved by § 241(f).

Held: Petitioners were deportable under § 241(a)(2) of the Act, which establishes as a separate ground for deportation, quite independently of whether the alien was excludable at the time of his arrival, the failure of an alien to present himself for inspection at the time he made his entry. Aliens, like petitioners, who accomplish entry into this country by making a willfully false representation of United States citizenship are not only excludable under § 212(a)(19), but have also so significantly frustrated the process for inspecting incoming aliens that they are also deportable as persons who have "entered the United States without inspection." INS v. Errico, 385 U.S. 214, distinguished. Pp. 622-631.

492 F.2d 251, affirmed.

REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., STEWART WHITE, BLACKMUN, and POWELL, JJ., joined. BRENNAN, J., filed a dissenting opinion, in which MARSHALL, J., joined, post, p. 631. DOUGLAS, J., took no part in the consideration or decision of the case.