Constitutional Law—Ex Post Facto Clause—Deportation of Aliens

Authors

Deryl F. Hamann, University of Nebraska College of Law

Abstract

In 1938, petitioner, an alien, was convicted of violating the Marihuana Tax Act. In 1952, Congress authorized the deportation of all such violators, including those convicted before passage of the 1952 act. Petitioner was ordered deported by an officer of the Immigration and Naturalization Service, and brought a writ of habeas corpus to review the Board of Immigration Appeal’s affirmation of the deportation order, claiming a violation of the ex post facto clause of the Federal Constitution. The district court and the court of appeals denied review, and the United States Supreme Court affirmed. The Court, declining to consider petitioner's contention in detail, merely cited two prior decisions, and refused to change the position there stated.

Recommended Citation

Deryl F. Hamann, Constitutional Law—Ex Post Facto Clause—Deportation of Aliens, 35 Neb. L. Rev. 138 (1956)
Available at: https://digitalcommons.unl.edu/nlr/vol35/iss1/14