Legal Opinion · Dissent

In the Matter of Petition for Naturalization of Richard John Longstaff

Court of Appeals for the Fifth Circuit

Decided October 27, 1983No. 82-1218Published

1DissentTate, Circuit Judge

The majority has certainly reached a logical conclusion, based upon its intelligent analysis of applicable legislation and jurisprudential authority, that the petitioner Longstaff may be denied naturalization in 1983 because, when he was admitted to the United States in 1965 (following which he has led a constructive life), he was a homosexual and thus could have been excluded from admission to the United States. The majority therefore concludes that Longstaff was not “lawfully admitted” to the United States, a prerequisite for naturalization.

I respectfully dissent. For the reasons…

2Cases cited2 opinions

  1. Boutilier v. Immigration & Naturalization ServiceSupreme Court of the United States · 1967
  2. Carl Basil Angelo Hill v. United States Immigration and Naturalization Service, Lesbian/gay Freedom Day Committee, Inc. v. United States Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1983

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API