Charles Evans Whittaker

“ Our study of the problem, in the light of the facts of this case, has brought us to these conclusions: The first phrase of § 4 (a) -'Any alien who was at the time of entering the United States'-necessarily refers to 'the time' of petitioner's adjudicated lawful admission, as affected, if at all, by his re-entry as a returning resident alien after his one-day trip to Mexico in September 1939, under which he claims the right to remain. ”

“ While a resident alien who leaves the country for any period, however brief, does make a new entry on his return, he is then subject nevertheless to all current exclusionary laws, one of which, at present, excludes from admission any alien who has ever been a member of the Communist Party. ”

“ It is obvious that Congress in enacting these statutes did not contemplate the novel factual situation that confronts us, and that these statutes are, to say the least, ambiguous upon the question we must now decide. ”