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RABANG V. BOYD, 353 U. S. 427 (1957)

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U.S. Supreme Court

Rabang v. Boyd, 353 U.S. 427 (1957)

Rabang v. Boyd

No. 403

Argued May 1, 1957

Decided May 27, 1957

353 U.S. 427

Syllabus

Petitioner, born in 1910 in the Philippine Islands, has resided in the continental United States since 1930, when he was admitted for permanent residence. He was convicted in February, 1951, of violating the federal narcotics laws. After administrative proceedings, he was ordered deported under the Act of February 18, 1931, as amended, which provides for the deportation of "any alien" convicted of violating a federal narcotics law. Petitioner's application for habeas corpus was denied by the Federal District Court, and the Court of Appeals affirmed.

Held: petitioner was deportable under the 1931 Act, and the judgment is affirmed. Pp. 353 U. S. 428-433.

(a) Under § 14 of the Philippine Independence Act of 1934, persons born in the Philippine Islands, and who thereby were nationals of the United States, became aliens on July 4, 1946, regardless of permanent residence in the continental United States on that date. Pp. 353 U. S. 429-431.

(b) "Entry" from a foreign country was not a condition of deportability in the 1931 Act. Barber v. Gorzales, 347 U. S. 637, distinguished. P. 353 U. S. 431.

(c) In the provision of the 1931 Act that deportation shall be accomplished "in manner provided in sections 19 and 20" of the Immigration Act of 1917, the reference to the "manner provided" in those sections draws into the 1931 Act not the requirement of "entry," but only the procedural steps for securing deportation set forth in those sections. Pp. 353 U. S. 431-432.

(d) The requirement of "entry" cannot be said to be implicit in the 1931 Act on the ground that the power to deport depends upon the power to exclude, and the power to exclude did not extend to Filipinos. Congress not only had, but exercised, the power to exclude Filipinos in § 8(a)(1) of the Independence Act. Pp. 353 U. S. 432-433.

234 F.2d 904, affirmed. chanroblesvirtualawlibrary

Page 353 U. S. 428





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