LENNON v. I. & N. S.

No. 18, Docket 74-2189.

527 F.2d 187 (1975)

John Winston Ono LENNON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondents.

United States Court of Appeals, Second Circuit.

Decided October 7, 1975.


Attorney(s) appearing for the Case

Nathan Lewin, Washington, D. C., and Leon Wildes, New York City, for petitioner.

Mary P. Maguire, Sp. Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., S.D.N.Y., and Mel P. Barkan and Naomi Rice Buchwald, Asst. U. S. Attys., of counsel), for respondent.

Jack Wasserman, Esther M. Kaufman, Washington, D. C., Donald L. Unger, San Francisco, Cal., and Mark A. Mancini, Washington, D. C., filed a brief for the Association of Immigration and Nationality Lawyers as amicus curiae urging reversal.

Before KAUFMAN, Chief Judge, and MULLIGAN and GURFEIN, Circuit Judges.


IRVING R. KAUFMAN, Chief Judge:

We have come a long way from the days when fear and prejudice toward alien races were the guiding forces behind our immigration laws. The Chinese exclusion acts of the 1880's and the "barred zone" created by the 1917 Immigration Act have, thankfully, been removed from the statute books and relegated to the historical treatises. Nevertheless, the power of Congress to exclude or deport natives of other countries remains virtually unfettered...

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