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CEBALLOS V. SHAUGHNESSY, 352 U. S. 599 (1957)

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U.S. Supreme Court

Ceballos v. Shaughnessy, 352 U.S. 599 (1957)

Ceballos v. Shaughnessy

No. 71

Argued January 16-17, 1957

Decided March 11, 1957

352 U.S. 599


1. In a suit by an alien in a federal district court against a District Director of Immigration for (1) a declaratory judgment that he is eligible for suspension of deportation under § 19(c) of the Immigration Act of 1917, as amended, and (2) to restrain the District Director from taking him into custody for deportation, neither the Attorney General nor the Commissioner of Immigration is a necessary party. Shaughnessy v. Pedreiro, 349 U. S. 48. Pp. 352 U. S. 603-604

2. An alien was admitted to the United States during World War II for permanent residence. While his country was still a neutral, he applied to a local Selective Service Board for exemption from military service as a neutral alien. The Board took no action on that application. After his country had become a cobelligerent with the United States, the local board classified the alien as available for military service; he reported for a physical examination, but he failed to pass, and was reclassified as physically defective.

Held: by his application for exemption as a neutral alien, he was debarred from citizenship under § 3(a) of the Selective Training and Service Act of 1940, and therefore he is not now eligible for a suspension of deportation under § 19(c) of the Immigration Act of 1917, as amended. Pp. 352 U. S. 600-606.

(a) The alien's voluntary act of executing, filing, and allowing to remain on file a legally sufficient application for exemption from military service as a neutral alien effected his debarment from citizenship under § 3(a) of the Selective Training and Service Act of 1940, even though the local board never took any action on his application. Pp. 352 U. S. 604-605.

(b) Section 315 of the Immigration and Nationality Act of 1952, which makes an alien permanently ineligible for citizenship only when he has both applied for and received exemption from military service or training, is not applicable to this case, because this alien's application for suspension of deportation was filed before enactment of that Act. Pp. 352 U. S. 605-606.

229 F.2d 592 affirmed. chanroblesvirtualawlibrary

Page 352 U. S. 600

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