Rogers v. Bellei

Appellee challenges the constitutionality of § 301 (b) of the Immigration and Nationality Act of 1952, which provides that one who acquires United States citizenship by virtue of having been born abroad to parents, one of whom is an American citizen, who has met certain residence requirements, shall lose his citizenship unless he resides in this country continuously for five years between the ages of 14 and 28. The three-judge District Court held the section unconstitutional, citing Afroyim v. Rusk, 387 U.S. 253, and Schneider v. Rusk, 377 U.S. 163.

Held: Congress has the power to impose the condition subsequent of residence in this country on appellee, who does not come within the Fourteenth Amendment's definition of citizens as those "born or naturalized in the United States," and its imposition is not unreasonable, arbitrary, or unlawful. Afroyim v. Rusk, supra, and Schneider v. Rusk, supra, distinguished. Pp. 820-836.

296 F. Supp. 1247, reversed.

BLACKMUN, J., delivered the opinion of the Court, in which BURGER, C.J., and HARLAN, STEWART, and WHITE, JJ., joined. BLACK, J., filed a dissenting opinion, in which DOUGLAS and MARSHALL, JJ., joined, post, p. 836. BRENNAN, J., filed a dissenting opinion, in which DOUGLAS, J., joined, post, p. 845.

Solicitor General Griswold argued the cause for appellant on the reargument. With him on the brief were Assistant Attorney General Wilson and ''Charles Gordon. Joseph J. Connolly'' argued the cause for appellant on the original argument.

O. John Rogge reargued the cause and filed a brief for appellee.

Richard N. Gardner argued the cause on the reargument for the Association of American Wives of Europeans et al. as amici curiae urging affirmance. With him on the brief were Alexis C. Coudert, Eugene L. Girden, Joseph H. Gordon, David M. Gooder, and Arlene Tuck Ulman.

James Sinclair, pro se, filed a brief as amicus curiae urging reversal.

Donald L. Ungar filed a brief for Vicente Gonzalez-Gomez as amicus curiae urging affirmance.