In the 1956 case of Mulcahey, District Director, Immigration and Naturalization Service v. Catalanotte, the U.S Supreme Court ruled in favor of Catalanotte. The issue at hand was whether or not a naturalized citizen could lose their citizenship due to desertion from military service during wartime. Mr. Catalanotte had become a U.S citizen through naturalization before being drafted into World War II where he later deserted his post while stationed overseas. Upon returning to America after the war ended, deportation proceedings were initiated against him on grounds that he had lost his citizenship because of his desertion under Section 401(g) of the Nationality Act of 1940 which stated that any person who deserts military service during times of war would lose their nationality status. The court held that this provision did not apply to individuals like Mr.Catalanotte who became citizens through naturalization as it only applied to native-born citizens or those who acquired citizenship by birth abroad to American parents.The court further noted that Congress did not intend for such harsh penalties (loss and denial reacquisition rights) for acts committed by persons after they have attained US Citizenship.

In the dissenting opinion for Mulcahey v. Catalanotte, Justice Frankfurter disagreed with the majority's interpretation of Section 19(a) of the Immigration Act of 1917. He argued that this section should not be read to mean that an alien who has been convicted and served a sentence in a foreign country is subject to deportation if they would have been liable for punishment had their crime occurred within U.S jurisdiction. Instead, he believed it should only apply when there was an actual conviction under U.S law. The justice also pointed out inconsistencies in applying this provision to crimes committed abroad but not those committed domestically before entry into the United States. Furthermore, he expressed concern about potential abuses by immigration officials who might use such broad interpretations as grounds for deportations based on political or other non-criminal considerations.