Immigration and Naturalization Service v. Stanisic

PETITIONER: Immigration and Naturalization Service
RESPONDENT: Stanisic
LOCATION: Stanley's Home

DOCKET NO.: 297
DECIDED BY: Warren Court (1969)
LOWER COURT: United States Court of Appeals for the Ninth Circuit

CITATION: 395 US 62 (1969)
ARGUED: Feb 25, 1969
DECIDED: May 19, 1969

Facts of the case

Question

Media for Immigration and Naturalization Service v. Stanisic

Audio Transcription for Oral Argument - February 25, 1969 in Immigration and Naturalization Service v. Stanisic

Earl Warren:

Immigration and Naturalization Service, Petitioner versus Veljko Stanisic.

Mr. Solicitor General.

Erwin N. Griswold:

Mr. Chief Justice, I move the admission of Joseph J. Connolly, member of my staff and member of the Bar of the Supreme Court of Pennsylvania to present the argument for the Immigration and Naturalization Service in this case.

Earl Warren:

You move that it'd be a better for that purpose.

Erwin N. Griswold:

I do sir.

Earl Warren:

Very well, motion is granted.

Joseph J. Connolly:

Thank you Mr. Chief Justice.

Thank you Mr. Solicitor General.

If it please the Court, this case arises under the Immigration and Nationality Act of 1952.

The case is here in writ of certiorari to the Court of Appeals for the Ninth Circuit to review that Court's interpretation of the Act's provisions governing the temporary landing of alien crewman for shore leave while their vessels call at United States ports.

Before setting forth the facts of this case, I would like briefly to outline the statutory provisions which this case involves.

In Parts IV and V of the Immigration and Nationality Act, Congress set out the basic provisions that establishing the procedures and the standards for the admission and expulsion of aliens into and from the United States.

In Part IV dealing with admissions, Congress provided that if an alien presenting himself at the Court of entry of the United States is denied admission by an immigration officer.

The alien has a right to a hearing before a special inquiry officer or his admissibility and if he is stand to be inadmissible.

He may appeal to the Board of Immigration Appeals and from a finding in the Board that he is inadmissible, he may obtain judicial review by habeas corpus.

Section 241 of the Act, sets out the grounds in which an alien may be expelled from the United States or deported and under 242 (b) of the Act, when it is alleged that an alien is deportable from the United States.

He has the right to a hearing before a special inquiry officer in which he may be represented by counsel.

They present evidence and has the right to cross-examine witnesses against him.

Sections 242 and 243 and the following Sections also provide for certain forms of discretionary relief from expulsion or deportation.

What are these forms of discretionary relief is under Section 243 (h) of the Act which authorizes the Attorney General in his discretion to withhold the deportation of any alien to any country in which his opinion, the alien may be subjected to persecution of an grounds of race, religion, or political opinion.

Under the regulations issued by the Attorney General that determination under Section 243 (h) is initially made by the special inquiry officer who conducts the deportation of proceeding under Section 242.

In Part VI of the Immigration and Nationality Act, Congress establish special procedures for the admission and in some cases for the expulsion of alien crewman.

Under Section 242 (a) of the Act which is the exclusive procedure for the temporary admission of alien crewman, Congress provided that an immigration officer may in his discretion issue a temporary permit for the alien crewman to land.

If he finds that the alien is a bona fide crewman and if he finds under subsection (a) (1) of 252 that the alien intends to depart on the vessel in which he arrives, and the permit issued under subsection (a) (1) is good for the period during which the alien crewman's vessel is in port.

The Section further provides that the alien crewman must agree to accept such a permit which is conditioned upon his being deported from the United States as provided in subsection (b) of the statute.

That Section, subsection (b) provides that if an immigration officer determines that the alien no longer intends to depart on the vessel on which he arrived.

The alien -- the immigration officer may take out and revoke the permit, take the crewman into custody and if practicable remove him to the vessel in which he arrived from removal from the United States on board that vessel.

The Act provides it the alien whom and shall be deported from the United States, the expense of the transportation line which brought him.

The last section of Section 252 (b) is particularly important in this case.

It provides that nothing in this Section shall be construed to require the procedure prescribed in Section 242 of the Act, the hearing before a special inquiry officer to cases falling within the provisions of this subsection Section 252 (a) in the set out on page 41 and 42 of the Government's brief.