Search Supreme Court Cases

KIMM V. ROSENBERG, 363 U. S. 405 (1960)

U.S. Supreme Court

Kimm v. Rosenberg, 363 U.S. 405 (1960)

Kimm v. Rosenberg

No. 139

Argued May 16-17, 1960

Decided June 13, 1960

363 U.S. 405


Petitioner, an alien whose deportation had been ordered, applied under § 19(c) of the Immigration Act of 1917, as amended, for an order suspending his deportation or permitting his voluntary departure. In an administrative hearing on his application, he was asked whether he was a member of the Communist Party. He refused to answer, claiming the Fifth Amendment privilege against self-incrimination. His application was denied on the ground that he had failed to prove his eligibility under § 19 and the Internal Security Act of 1950.

Held: denial of his application is sustained, since §19(d) and the Internal Security Act of 1950 make Communists ineligible for suspension of deportation, and the burden was on petitioner to show that he was eligible for such suspension. Pp. 363 U. S. 405-408.

263 F.2d 773 affirmed.

Powered by Justia US Supreme Court Center: KIMM V. ROSENBERG, 363 U. S. 405 (1960)

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.