United States v. Minker

350 U.S. 179, 76 S. Ct. 281, 100 L. Ed. 2d 185, 1956 U.S. LEXIS 1486
CourtSupreme Court of the United States
DecidedJanuary 16, 1956
DocketNO. 35
StatusPublished
Cited by85 cases

This text of 350 U.S. 179 (United States v. Minker) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Minker, 350 U.S. 179, 76 S. Ct. 281, 100 L. Ed. 2d 185, 1956 U.S. LEXIS 1486 (1956).

Opinions

Mr. Justice Frankfurter

delivered the opinion of the Court.

Because of conflicting constructions by the Courts of Appeals for the Second and Third Circuits of § 235 (a) of the Immigration and Nationality Act of 1952, 66 Stat. 163, 198, we brought these cases here. 349 U. S. 904; 349 U. S. 927. They were heard in sequence, and, since minor differences in their facts are irrelevant to the problems now before us, they may be disposed of in one opinion.

Section 235 (a) 1 provides that any immigration officer “shall have power to require by subpena the attendance [181]*181and testimony of witnesses before immigration officers . . . relating to the privilege of any person to enter, reenter, reside in, or pass through the United States or concerning any matter which is material and relevant to the enforcement of this Act and the. administration of the Service, and to that end may invoke the aid of any court of the United States.” The controlling issue presented by these cases is whether this section empowers an immigration officer to subpoena a naturalized citizen who is the subject of an investigation by the Service, where the purpose of the investigation is to determine if good cause exists for the institution of denaturalization proceedings under § 340 (a) of the Act.2

[182]*182In No. 35, the District Director of the Immigration and Naturalization Service at Philadelphia, in accordance with § 340.11 of the Service’s regulations,3 instituted an investigation of respondent for the aforementioned purpose. In furtherance of this inquiry into the legality of [183]*183Minker’s naturalization the Director subpoenaed him to give testimony at the offices of the Service. Prior to the required date of his appearance, he moved to quash the subpoena in the United States District Court for the Eastern District of Pennsylvania upon the ground, inter alia, that it was unauthorized by the Act. This motion was denied, In re Minker, 118 P. Supp. 264, and no appeal was taken. When respondent thereafter failed to obey the subpoena, the District Court, on application of the District Director, ordered respondent to appear before the Service and testify. He disregarded this order. After a hearing he was adjudged in contempt for so doing and fined $500. The Court of Appeals for the Third Circuit reversed, holding that while the power to subpoena under § 235 (a) was available for investigations directed toward denaturalization proceedings, respondent as a putative defendant in such a proceeding was not a “witness” within the meaning of the section, and the Service was, therefore, without power to subpoena him.4 217 F. 2d 350.

In No. 47, each petitioner was served with a subpoena issued by the officer in charge of the Immigration and Naturalization Service at Syracuse, New York. The subpoenas commanded petitioners’ appearance and testimony, and required them to produce specified documents. They appeared with documents as ordered, but refused to be sworn or to testify. Thereupon an application for an order of compliance was made by the Service in the United States District Court for the Northern District of New York; but the court, denying the Service’s authority, refused to compel petitioners to appear and give testimony. 116 F. Supp. 464. On appeal, to the Court of [184]*184Appeals for the Second Circuit, this judgment was reversed. 219 F. 2d 137. The court held that § 235 (a) of the Act permitted the immigration officer to subpoena the petitioners in furtherance of the Service’s investigation of them under § 340.11 of the regulations. The decision assumed, although the court did not discuss the question, that each petitioner, even though a subject of investigation, was a “witness” within the meaning of § 235 (a).5

This brings us to an examination of the scope of § 235 (a). It had its genesis in § 16 of the Immigration Act of 1917, 39 Stat. 874, 885, which dealt with the examination of entering aliens by the Immigration Service. With respect to subpoenas the section provided: “Any commissioner of immigration or inspector in charge shall also have power to require by subpoena the attendance and testimony of witnesses before said inspectors and the production of books, papers, and documents touching the right of any alien to enter, reenter, reside in, or pass through the United States, and to that end may invoke the aid of any court of the United States . . . .” Obviously, this provision strictly defined the purposes for which officers of the Service could subpoena witnesses. It did not give them power to issue subpoenas as aids in investigating potential naturalization offenses.

The 1952 Act in § 235 (a) retained the substance of this language in § 16. But the word “alien” was changed to “person,” and additional language extended the subpoena power to “any matter which is material and relevant to the enforcement of this Act and the administration of the Service.” If the additional clause, following the portion “relating to the privilege of any person to enter, reenter, reside in, or pass through the United States,” had merely read “and any other matter which is material and [185]*185relevant,” the doctrine of ejusdem generis would appropriately be invoked to limit the subpoena power to an investigation pertaining to questions of admission and deportation. The comprehensive addition of the clause “or concerning any matter which is material and relevant to the enforcement of this Act and the administration of the Service,” precludes such narrowing reading. “Act” encompasses the full range of subjects covered by the statute. The Immigration and Nationality Act of 1952 brought together in one statute the previously atomized subjects of immigration, nationality and naturalization. The unqualified use of the word “Act” in § 235 (a), if read as ordinary English, embraces all of these subjects even though § 235 (a) is itself in the immigration title of the statute. But “the title of a statute and the heading of a section cannot limit the plain meaning . . . .” Brotherhood of Railroad Trainmen v. Baltimore & Ohio R. Co., 331 U. S. 519, 528-529. Throughout this statute the word “Act” is given its full significance. . The word embraces the entire statute.6 On the other hand, when [186]*186only a particular title is referred to, it is designated as such, and when the reference is to a section, that word is employed.7 No justification appears for treating “Act” in § 235 (a) as meaning “section.” Thus far the Second and Third Circuits are in agreement.

We come then to the question upon which the two Courts of Appeals part ways in their construction of § 235 (a), namely, whether Salvatore and Joseph Falcone in the one case and Abraham Minker in the other, although each the subject of a denaturalization investigation under § 340.11 of the regulations, were “witnesses” within the meaning of the power given to “any immigration officer” to require “by subpoena the attendance and testimony of witnesses” before immigration officers.

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Bluebook (online)
350 U.S. 179, 76 S. Ct. 281, 100 L. Ed. 2d 185, 1956 U.S. LEXIS 1486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-minker-scotus-1956.