Tom C. Clark

“ The sole issue in this appeal is whether an alien crewman who willfully remains in the United States in excess of the 29 days allowed by his conditional landing permit, in violation of § 252 (c) of the Immigration and Nationality Act, [1] is guilty of a continuing offense which may be prosecuted in the district where he is found. Discovering that appellee's permit had expired before he entered the district where he was apprehended and where the prosecution was begun, the District Court dismissed the criminal information, holding that a violation of s 252 (c) was not a continuing crime. ”

“ After a thorough investigation of our immigration laws completed some two years prior to the enactment of § 252 (c) , the Senate Committee on the Judiciary reported, 'The problems relating to seamen are largely created by those who desert their ships, remain here illegally beyond the time granted them to stay, and become lost in the general populace of the country.' S.Rep. No. 1515, 81st Cong., 2d Sess. 550. The tracing of such persons is complicated by the obscuration worked both by their own movement and by the passage of time. ”

“ Given the element of willfulness, we believe an alien 'remains,' in the contemplation of the statute, until he physically leaves the United States. The crime achieves no finality until such time. Since an offense committed in more than one district 'may be inquired of and prosecuted in any district in which such offense was * * * continued,' 18 U.S.C. § 3237, 18 U.S.C.A. § 3237, venue for § 252 (c) lies in any district where the crewman willfully remains after the permit expires. Appellee entered Connecticut and was found there, so that district has venue for the prosecution. ”