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BOUTILIER v. IMMIGRATION SERVICE

No. 440.

387 U.S. 118 (1967)

BOUTILIER v. IMMIGRATION AND NATURALIZATION SERVICE.

Supreme Court of United States.

Decided May 22, 1967.

Attorney(s) appearing for the Case

Blanch Freedman argued the cause for petitioner. With her on the briefs was Robert Brown.

Nathan Lewin argued the cause for respondent. On the brief were Solicitor General Marshall, Assistant Attorney General Vinson and Philip R. Monahan.

Briefs of amici curiae, urging reversal, were filed by David Carliner, Nanette Dembitz and Alan H. Levine for the American Civil Liberties Union et al., and by the Homosexual Law Reform Society of America.

MR. JUSTICE CLARK delivered the opinion of the Court.

The petitioner, an alien, has been ordered deported to Canada as one who upon entry into this country was a homosexual and therefore "afflicted with psychopathic personality" and excludable under § 212 (a) (4) of the Immigration and Nationality Act of 1952, 66 Stat. 182. 8 U. S. C. § 1182 (a) (4).* Petitioner's appeal from the finding...

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