Dunn v. Immigration and Naturalization Service

Background

A man who became a permanent resident after moving to the United States at age nine left the country in 1966 to avoid military induction and briefly went to Canada. At the border he turned in his Alien Immigration Card but did not formally renounce his status. On his induction date he called the draft board, returned to the United States five days later, surrendered to prosecutors, pleaded guilty to draft evasion, and served a sentence of six months and eighteen months’ probation.

Reasoning

The Ninth Circuit upheld an order by the Immigration Service finding him deportable for abandoning his immigrant status and for leaving to evade military service. The Supreme Court denied the petition for review, so the deportation order remains in effect. The opinion announcing denial gives no detailed explanation; the lower court had emphasized a narrow scope of review of immigration decisions.

Real world impact

Because the Court declined to take the case, the Immigration Service’s deportation action stands and the man faces removal to his native country, Canada. The outcome leaves in place the lower courts’ approach that limits review of immigration deportation decisions. The case arose from unusual facts — a brief exit, a prompt return, prosecution, and punishment — so the specific legal questions are unlikely to recur frequently.

Dissents or concurrances

A Justice dissented, joined by another Justice, arguing the Government’s inconsistent conduct made deportation grossly unjust and urging the Court to review and reverse the deportation order.