Wednesday, November 13, 2013

United States Ex Rel Knauff v. Shaughnessy case brief

United States Ex Rel Knauff v. Shaughnessy case brief summary
338 U.S. 537 (1950)


CASE SYNOPSIS
Petitioner war bride sought review of a decision of the United States Court of Appeals for the Second Circuit, which upheld a finding by the Attorney General that her entry into the United States would be prejudicial to the interests of the country.

CASE FACTS
Petitioner was a war bride who was born in Germany and secured civilian employment with the U.S. War Department in Germany. Her work was rated "very good" and "excellent." With permission of the commanding general, petitioner married a naturalized U.S. citizen who was employed as a civilian in the U.S. Army. Petitioner sought naturalization as a U.S. citizen. Petitioner was temporarily excluded from the U.S. The Attorney General excluded her without a hearing on grounds that her admission would be prejudicial to the interests of the U.S. The lower courts upheld the ruling.


DISCUSSION

  • The Court affirmed, holding that the War Brides Act did not relieve petitioner of her alien status. 
  • The right to exclude was inherent in the executive power to control the foreign affairs of the nation. 
  • The procedure authorized by Congress constituted due process as far as an alien denied entry was concerned.

CONCLUSION

The exclusion of petitioner, a war bride, from entry into the United States, was affirmed. The Court held that whatever procedure was authorized by Congress constituted due process as far as an alien denied entry was concerned. The War Brides Act did not relieve petitioner of her alien status.

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