San Diego Law Review


John V. Stroud

Library of Congress Authority File


Document Type

Recent Cases


Rosenberg v. Fleuti (United States Supreme Court 1963). Plaintiff, an alien, was originally admitted to the United States for permanent residence in 1952 and has been here continuously except for a visit "of about a couple of hours" duration to Mexico in 1956. The Immigration and Naturalization Service sought to deport plaintiff on the ground that at the time of his return in 1956, he was afflicted with psychopathic personality. The District Court granted the government's motion for summary judgment. The Ninth Circuit Court of Appeals set aside the deportation order, holding that as applied to plaintiff section 241(a)(1) of the 1952 Immigration and Nationality Act was unconstitutionally void for vagueness as applied to a non-compulsive homosexual. On certiorari, by a 5-4 decision, the United States Supreme Court held: judgment vacated. It was unnecessary to decide the constitutional issue since the threshold question was decided against the government. An innocent, casual, and brief excursion by a resident alien outside this country's borders may not have been intended as a departure disruptive of his resident alien status and therefore may not subject him to the consequences of an entry into this country on his return. Rosenberg v. Fleuti, 374 U.S. 449 (1963).