Galvan v. Press, Officer in Charge, Immigration and Naturalization Service (347 U.S. 522)
U.S. Supreme Court · decided May 24, 1954 · Supreme Court Database (Spaeth)
- Citation
- 347 U.S. 522 · 74 S. Ct. 737
- Decided
- May 24, 1954
- Term
- October Term 1953
- Vote
- 7–2
- Majority author
- Justice Frankfurter
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Frankfurter delivered the opinion of the Court. Petitioner, an alien of Mexican birth, first entered the United States in 1918 and has since resided here with only-occasional brief visits to his native country. In the course of two questionings, in March 1948, by the Immigration and Naturalization Service, he indicated that he had been a member of the Communist Party from 1944 to 1946. In March of 1949, the petitioner was served with a deportation warrant, and on the same day a preliminary deportation hearing was held to acquaint him with the charges against him — that after entry he had become a member of an organization which advocated the violent overthrow of the United States Government, and of an organization which distributed material so advocating. In December 1950, petitioner had a de novo hearing at which the transcripts of all earlier proceedings were, by agreement, made part of the record. Shortly after the hearing commenced, the Examining Officer lodged the additional charge against the petitioner that after entry he had been a member of the Communist Party, membership in which had been made a specific ground for deportation by the Internal Security Act of 1950, 64 Stat. 987, 1006, 1008. At this final hearing the evidence against the petitioner was derived from two principal sources. The first was his own testimony during the two interrogations by…
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