Berenyi v. District Director, Immigration & Naturalization Service

385 U.S. 630, 87 S. Ct. 666, 17 L. Ed. 2d 656, 1967 U.S. LEXIS 2455
Supreme Court of the United States·Decided October 17, 1966·No. 66·Published·Cited by 245 cases

Opinions

Mr. Justice Stewart

delivered the opinion of the Court.

A provision of the Immigration and Nationality Act requires that an alien who applies for naturalization as a United States citizen must establish that during the five years preceding the filing of his petition he has been “a person of good moral character.” 1 Another provision [632]*632specifies that no applicant may be found to be a person of good moral character who, within that period, “has given false testimony for the purpose of obtaining any benefits” under the Act.2 The petitioner, an alien who entered this country from Hungary in 1956, filed a petition for naturalization in the United States District Court for the District of Massachusetts in 1962. At the final hearing the Attorney General appeared by counsel in opposition to the petition.3 Following this hearing the District Judge denied the petition, finding that the petitioner had testified falsely to facilitate his naturalization, and therefore could not, under the law, be found to be a person of good moral character within the statutory period.4 The Court of Appeals affirmed,5 and we granted certiorari.6

[633]*633During the preparation of his application to file a petition for naturalization, the petitioner was asked the following question: “Have you ever, in the United States or in any other place, (a) been a member of, or in any other way connected with, or associated with the Communist Party either directly, or indirectly through another organization, group, or person?” The petitioner, under oath, answered “No.” On two subsequent occasions during the preliminary proceedings on his petition for naturalization, the petitioner again swore that he had never been a member of the Communist Party.

At the final hearing before the District Judge, the Government produced two witnesses whose testimony indicated that the petitioner had been a member of the Communist Party in Hungary. Dr. Pal Halasz stated that he had known the petitioner when they were both students at the University of Budapest Medical School and had seen the petitioner attend Communist Party meetings there on one or more occasions. While such meetings were sometimes open to persons who were not Party members, and Dr. Halasz was not sure that the petitioner was a Party member, his attendance at Party-meetings gave Dr. Halasz the impression that the petitioner was a member. Dr. Gyorgy Kury related that he had attended a study group at the University in September 1948. These groups met to discuss Marxist-Leninist ideology, and students were required to attend regardless of Party membership. One student in each group was responsible for leading this discussion. Dr. Kury testified that, at the meeting in question, the petitioner introduced himself as a member of the Communist Party and the student leader responsible for the group’s ideological education. Dr. Kury further testified that the petitioner had told the group that he had become a member of the Communist Party after Soviet troops had occupied Hungary in 1945.

[634]*634The petitioner testified that he had never been a Party member or the ideological leader of any student discussion group. He related the heavy pressures on students at the University to attend Party functions and become members, and admitted that these pressures had led him to attend some open Party meetings as a nonmember, but added that he had not been an active participant at these meetings. The petitioner also emphasized his religious upbringing and other factors in his personal life which, he contended, made it unlikely that he would become a Party member. The petitioner’s wife testified that he had never been a Party member, and four other witnesses stated that, while in Hungary and after his arrival in the United States, the petitioner had expressed his strong opposition to the Communist Party and the Communist regime in Hungary.

Basing his decision solely on his own evaluation of the testimony adduced at this hearing,7 the District Judge concluded that the petitioner had become a Party member in 1945 and had remained a member for an indefinite number of years, that the petitioner had attended meetings of the Party, and that he had instructed student study groups in Communist ideology. Accordingly, the court concluded that the petitioner had testified falsely in the preliminary naturalization proceedings, and denied his application for citizenship on the ground that he was, therefore, “not a person of good moral character within [635]*635the meaning of the Immigration and Nationality Act.” 8

The petitioner asks us to reject as “clearly erroneous” the factual conclusion about his Party membership reached by the District Judge and accepted by the Court of Appeals. In order to do so, we would be forced to disregard this Court’s repeated pronouncements that it “cannot undertake to review concurrent findings of fact by two courts below in the absence of a very obvious and exceptional showing of error.” E. g., Graver Mfg. Co. v. Linde Co., 336 U. S. 271, 275. For there was no “very obvious and exceptional” error in the conclusion of the two courts below that the petitioner had been a member of the Communist Party. The testimony of Dr. Kury gave a concrete basis for this conclusion, and that of Dr. Halasz lent it further evidentiary support. The conclusion of the courts below is not inconsistent with the possibility that the petitioner may have harbored a strong opposition to the Party which he bared to his friends. For the petitioner may have [636]*636merely joined the Party as a nominal member in deference to the strong pressures which the Party exerted on students to become members, pressures which several witnesses, including the petitioner himself, recited in detail.

The policy underlying the “two-court” rule is obvious. This Court possesses no empirical expertise to set against the careful and reasonable conclusions of lower courts on purely factual issues. When, as here, resolution of the disputed factual issues turns largely on an assessment of the relative credibility of witnesses whose testimonial demeanor was observed only by the trial court, the rule has particular force. To be sure, this Court has not hesitated to undertake independent examination of factual issues when constitutional claims may depend on their resolution. See, e. g., Napue v. Illinois, 360 U. S. 264, 271-272; Fiske v. Kansas, 274 U. S. 380, 385-386. Cf. Hoffa v. United States, ante, p. 293. But this exceptional doctrine has no application to the present case, for the petitioner makes no claim that any constitutional issues are involved here.

Different considerations do not govern merely because this is a naturalization case. When the Government seeks to strip a person of citizenship already acquired,9 or deport a resident alien and send him from our shores,10 it carries the heavy burden of proving its case by “clear, unequivocal, and convincing evidence.” 11 But when an [637]

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Berenyi v. District Director, Immigration & Naturalization Service, 385 U.S. 630, 87 S. Ct. 666, 17 L. Ed. 2d 656, 1967 U.S. LEXIS 2455 (1966).

385 U.S. 630 (Berenyi v. District Director, Immigration & Naturalization Service) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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