This section contains the nature of the case and procedural background.

P, an alien, immigrated to this country from Bulgaria in 1913 and became eligible for old-age benefits in November 1955. In July 1956 he was deported pursuant to § 241 (a)(6)(C)(i) of the Immigration and Nationality Act for having been a member of the Communist Party from 1933 to 1939. This was allowed under § 202 (n). P failed to obtain an administrative reversal. P sued D § 205 (g) to secure judicial review. The District Court held that § 202 (n) was unconstitutional under the Due Process Clause of the Fifth Amendment in that it deprived P of an accrued property right. D appealed.

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