Arthur Goldberg

“ The statute, § 101 (a) (33) of the Immigration and Nationality Act of 1952, states that the 'term 'residence' means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact * * *.' There can be no doubt that in fact petitioner's dwelling place was not the ship; his 'place of general abode' was on shore in the United States where it has been continuously since January 1940. Ever since he entered and overstayed his leave in January 1940, petitioner has sought by all available means to remain in the United States. ”

“ Of course where an alien is subject to a warrant of deportation and with the permission of the Government knowingly and voluntarily leaves the country in order to avoid the consequences of enforced deportation, he will be deemed to have 'left the United States,' within the meaning of the statute applicable at the time of petitioner's voyage. ”

“ His single aim from which he has never deviated has been to regularize his status in the country. [3] The Court's view that petitioner by ship ing to South America departed the United States is a legal conclusion under the circumstances here, a mere legal fiction. It must be remembered that the voyage which is said to have terminated petitioner's residence was a wartime voyage on a privately owned ship which, although flying a Yugoslav flag, was then part of the allied merchant marine under the effective control of the United States. ”