Fong Haw Tan v. Phelan
Headline: Court limits deportation to repeat offenders, ruling that “sentenced more than once” requires a later, separate conviction and sentence, narrowing when immigrants can be removed for crimes involving moral turpitude.
Holding: The Court held that an immigrant is deportable under the statute only if, after being convicted and sentenced once for a crime involving moral turpitude, he is later convicted and sentenced again for a separate offense.
- Narrows deportation to immigrants convicted and sentenced again on a later occasion.
- Prevents single-judgment multiple sentences from triggering 'sentenced more than once' deportation.
- Resolves conflicting circuit interpretations about deportation eligibility.
Summary
Background
A Chinese native was convicted of two separate murders and received life imprisonment terms. A single judgment imposed the life sentence, and later the Immigration Service issued a deportation warrant and detained him after his parole. He challenged his detention in court, and lower courts relied on differing circuit rules about what “sentenced more than once” means under the 1917 Immigration Act.
Reasoning
The central question was whether the statute reaches a person who received multiple sentences at the same time or only someone who is sentenced again after a prior conviction and sentence. The Court reviewed competing circuit interpretations and legislative history showing Congress aimed at the “confirmed” criminal or the repeat offender. Because deportation is a severe penalty, the Court resolved ambiguities in favor of the immigrant and read “sentenced more than once” to require a second, later conviction and sentence for a separate offense. The Court therefore reversed the lower court’s decision.
Real world impact
The ruling means immigrants will not be deported under this provision simply because one judgment imposes multiple sentences at once. Only those who are convicted and sentenced again on a later occasion for another crime involving moral turpitude fall within the statute. The decision also settles conflicting views among federal appeals courts about how the phrase should be applied and constrains when the Government can use this statutory ground to remove noncitizens.
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