Flemming v. Nestor
363 U.S. 603 (1960)
Facts
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.
Nature Of The Case
This section contains the nature of the case and procedural background.
Issues
The legal issues presented in this case will be displayed here.
Holding & Decision
The court's holding and decision will be displayed here.
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
© 2007-2025 ABN Study Partner