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United States ex rel. Audrey Joan Czapkowski v. John W. Holland, District Director of Immigration and Naturalization for the Fourth District

UNITED STATES Ex Rel. Audrey Joan CZAPKOWSKI, Appellant. v. John W. HOLLAND, District Director of Immigration and Naturalization for the Fourth District

United States ex rel. Audrey Joan Czapkowski v. Holland, 220 F.2d 436 (3d Cir. 1955)
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Court
Court of Appeals for the Third Circuit · U.S. Courts of Appeals
Decided
March 24, 1955
Docket
No. 11469_1
Judges
McLaughlin, Staley, Hastie
Citations
220 F.2d 4361955 U.S. App. LEXIS 3361

Opinion — Per Curiam

PER CURIAM.

In this habeas corpus proceeding to test the validity of a deportation order, it is clear that the Attorney General did not abuse his discretion in determining under 8 U.S.C.A. § 1251 (a) (5), Section 241(a) (5) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 204 , that the appellant had not established that her failure to furnish notification of her address “was reasonably excusable or was not willful.”

Nor do we find any merit in the contentions that the above statute lacks sufficiently definite standards to justify deportation and that it is so vague as to be unconstitutional. The tests of reasonableness and willfulness when applied in a statute to a specific act, as they are here, have been held repeatedly by the Supreme Court to be constitutionally valid standards. United States v. Spector, 1952, 343 U.S. 169 , 72 S.Ct. 591 , 96 L.Ed. 863 ; United States v. Ragen, 1942, 314 U.S. 513 , 62 S.Ct. 374 , 86 L.Ed. 383 ; United States v. Shreveport Grain & Elevator Co., 1932, 287 U.S. 77 , 53 S.Ct. 42 , 77 L.Ed. 175 ; Union Bridge Co. v. United States, 1907, 204 U.S. 364 , 27 S.Ct. 367 , 51 L.Ed. 523 . See also Jordan v. De George, 1951, 341 U.S. 223, 231-232 , 71 S.Ct. 703 , 95 L.Ed. 886 .

The order of the district court of October 15, 1954 will be affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1970: 11973: 119702026peak 1970 · 1

Relies on it most ⓘ

  1. Russell Bufalino v. Immigration and Naturalization Service473 F.2d 728 (3d Cir. 1973)
  2. State v. Cushman451 S.W.2d 17 (Mo. 1970)

Most recent

  1. Russell Bufalino v. Immigration and Naturalization Service473 F.2d 728 (3d Cir. 1973)
  2. State v. Cushman451 S.W.2d 17 (Mo. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Union Bridge Co. v. United States, 204 U.S. 364 (1907) 327
United States v. Shreveport Grain & Elevator Co., 287 U.S. 77 (1932) 210
United States v. Ragen, 314 U.S. 513 (1942) 181
Jordan v. De George, 341 U.S. 223 (1951) 785
United States v. Spector, 343 U.S. 169 (1952) 70

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