Owen J. Roberts

“ In the absence of a clear and definite expression, we are not at liberty to conclude that Congress intended that any alien, no matter how long a resident of this country, or however well disposed toward our Government, must be deported, if at any time in the past, no matter when, or under what circumstances, or for what time, he was a member of the described organization. In the absence of such expression we conclude that it is the present membership, or present affiliation-a fact to be determined on evidence-which bars admission, bars naturalization, and requires deportation. ”

“ Congress directed the exclusion of 'anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States, [9] * * *' and also of any 'person who disbelieves in or who is opposed to all organized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to all organized government * * *.' [10] The only section authorizing deportation of such persons is directed to an alien found to have entered in violation of the Act, if proceeded against within three years after entry. ”

“ As reason for the granting of the writ the Government urged a conflict of decision on the question whether membership by an alien in the Communist Party of America subjects him to deportation. By reason of the allegation of conflict and the action of the Circuit Court of Appeals in ordering a trial de novo in the District Court, we granted the writ. ”