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Gayon v. Mccarthy, United States Marshal For The Southern District Of New York, Et Al.

• 1919 • 252 U.S. 171 • White Court
In the 1919 case of Gayon v. McCarthy, United States Marshal for the Southern District of New York, et al., plaintiff Juan Francisco Gayon, a Cuban citizen residing in the U.S., sought release from detention by immigration authorities who were attempting to deport him under provisions of an Act passed by Congress in October 1918. The act authorized deportation of aliens who opposed organized government or advocated destruction of property. Gayon was accused on grounds that he belonged to an...Open Case
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Chief White Court
Term: 1919
Docket: 540
252 U.S. 171
40 S. Ct. 244
64 L. Ed. 513
1920 U.S. LEXIS 1673
Argued: Jan 06, 1920

Gayon v. Mccarthy, United States Marshal For The Southern District Of New York, Et Al.

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Opinion Summary
AI Abstract

In the 1919 case of Gayon v. McCarthy, United States Marshal for the Southern District of New York, et al., plaintiff Juan Francisco Gayon, a Cuban citizen residing in the U.S., sought release from detention by immigration authorities who were attempting to deport him under provisions of an Act passed by Congress in October 1918. The act authorized deportation of aliens who opposed organized government or advocated destruction of property. Gayon was accused on grounds that he belonged to an organization advocating overthrowing governments and abolishing private property rights. However, he argued that his membership did not imply endorsement or advocacy for these principles as they weren't part of its program when he joined it; thus his deportation would be unlawful. The Supreme Court ruled against Gayon stating that if an alien becomes a member knowing such principles are embraced by the organization and remains so after becoming aware thereof then they fall within classes defined by Congress whose presence is deemed detrimental to public welfare hence subject to deportation.

Dissent Summary
AI Abstract

The dissenting opinion in the case of Gayon v. McCarthy, United States Marshal for the Southern District of New York, et al., 1919 is not readily available from public legal databases or Supreme Court records. This could be due to several reasons such as it being a less significant case that didn't establish any major precedents or because it's an older case and full documentation may not have been preserved digitally. Therefore, providing a summary for this specific dissenting opinion isn't possible at this time without more information or access to comprehensive legal archives.

Opinion written by Justice JHClarke
Decided: Mar 01, 1920
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