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Aliens - Immigration And Nationality Act - Brief Excursion Outside Country's Borders By Resident Alien May Not Subject Him To Consequences Of An Entry On His Return (Rosenburg V. Fleuti, United States Supreme Court 1963), John V. Stroud

San Diego Law Review

Rosenberg v. Fleuti (United States Supreme Court 1963). Plaintiff, an alien, was originally admitted to the United States for permanent residence in 1952 and has been here continuously except for a visit "of about a couple of hours" duration to Mexico in 1956. The Immigration and Naturalization Service sought to deport plaintiff on the ground that at the time of his return in 1956, he was afflicted with psychopathic personality. The District Court granted the government's motion for summary judgment. The Ninth Circuit Court of Appeals set aside the deportation order, holding that as applied to plaintiff section 241(a)(1) of …