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ROWOLDT v. PERFETTO

No. 5.

355 U.S. 115 (1957)

ROWOLDT v. PERFETTO, ACTING OFFICER IN CHARGE, IMMIGRATION AND NATURALIZATION SERVICE.

Supreme Court of United States.

Restored to the calendar for reargument June 24, 1957.

Reargued October 14, 1957.

Decided December 9, 1957.

Attorney(s) appearing for the Case

David Rein argued the cause on the original argument, and with Joseph Forer on the reargument, for petitioner. With them on the brief on the original argument was Ann Fagan Ginger.

Carl H. Imlay argued the cause on the original argument, and Oscar H. Davis on the reargument, for respondent. With Mr. Imlay on the briefs were Solicitor General Rankin, Assistant Attorney General Olney and Beatrice Rosenberg. Mr. Davis was also on the brief on the reargument.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

Petitioner is an alien who has been ordered deported by virtue of § 22 of the Internal Security Act of 1950, 64 Stat. 987, 1006,1 for past membership in the Communist Party. He attacks the judgment below on the ground—the only claim we need to consider—that he was not a "member" of the Communist Party within the scope...

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