RESPONDENT: Immigration and Naturalization Service
LOCATION: Superior Court of Los Angeles County, CA
DOCKET NO.: 73-1541
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Second Circuit
CITATION: 420 US 619 (1975)
ARGUED: Jan 20, 1975
DECIDED: Mar 18, 1975
Benjamin Globman - for petitioners
Jewel S. Lafontant - Deputy Solicitor General, Department of Justice, for the respondent
Facts of the case
Media for Reid v. Immigration and Naturalization ServiceAudio Transcription for Oral Argument - January 20, 1975 in Reid v. Immigration and Naturalization Service
Audio Transcription for Opinion Announcement - March 18, 1975 in Reid v. Immigration and Naturalization Service
William H. Rehnquist:
In No. 73-1541, REID versus the INS.
Petitioners are aliens, husband and wife, who entered the United States from British Honduras falsely representing themselves to be citizens and thereby avoiding inspection at the port of entry at which they entered which was Chula Vista, California.
They later had two children born in this country.
The INS instituted deportation proceedings against them under Section 241 (a) (2) of the Immigration and Naturalization Act which makes entering into the United States without inspection a grounds for deportation.
The Board of Immigration Appeals held petitioners deportable under these provision and the Court of Appeals for the Second Circuit affirmed.
We granted certiorari to review this decision.
Petitioners argued below and here that they were safe from deportation by Section 241 (f) of the Act providing for a waiver of deportability by raising a fraud or misrepresentation for certain aliens which specified familial relationships to United States citizens.
In the words of my Brother Stewart making a similar oral announcement several weeks ago, the Court's opinion in itself does lend itself to any detailed summary.
For reasons set forth and some detail in the opinion, we hold that the Court of Appeals for the Second Circuit was correct in holding that these aliens were deportable and that this case is not controlled by our prior decision in Immigration and Nationalization Service versus Errico.
The judgment of the Court of Appeals for the Second Circuit is accordingly affirmed.
Mr. Justice Brennan who Mr. Justice Marshall joins has filed a dissenting opinion in the case.
Mr. Justice Douglas took no part in the consideration or decision of the case.
Warren E. Burger:
Thank you Mr. Justice Rehnquist.