John Eric Price v. United States Immigration and Naturalization Service

dissenting:

The Immigration Service propounds a question to persons seeking naturalization that would be intolerable if asked by a government agency of an American citizen. It is an intimidating question. It chills the right of free association guaranteed by the First Amendment.

The Immigration Service’s answer is that aliens are different. They are second class people. No doubt for some purposes this characterization is the harsh truth. Since the abolition of slavery aliens are the only adults subject to treatment as second class people in the United States.

The Supreme Court has taken some steps to remedy the aliens’ plight when their ill treatment comes from the states. Mathews v. Diaz, 426 U.S. 67 , 96 S.Ct. 1883 , 48 L.Ed.2d 478 (1976). However, the Supreme Court has used language giving great deference to Congress over the admission of aliens. Fiallo v. Bell, 430 U.S. 787, 792 , 97 S.Ct. 1473, 1477 , 52 L.Ed.2d 50 (1977). This deference is defensible when the alien is outside the United States and seeking to enter this country. Kleindienst v. Mandel, 408 U.S. 753 , 92 S.Ct. 2576 , 33 L.Ed.2d 683 (1972). It is also appropriate to give deference to Congress and the…

John Eric Price appeals the district court’s denial of his petition for naturalization. The district court’s order was based on Price’s refusal to list all organizations with which he has ever been affiliated. Price argues that the Attorney General does not have statutory authority to require him to supply such a list and that such authority would be unconstitutional. We affirm.

I

John Price is a native of England and a citizen of the United Kingdom. He was granted lawful resident alien status in the United States in 1960, and has worked and resided in the United States since then.

On April 21, 1984, Price applied to petition for naturalization. Price answered all questions on the application except Question 18, which reads: “List your present and past membership in or affiliation with every organization, association, fund, foundation, party, club, society or similar group in the United States or in any other country or place, and your foreign military service. (If none, write ‘None.’).” In the space provided for an answer to this question, Price wrote “Please see attached statement.” The attached statement is a legal brief contending that Question 18 violates Price’s First…

941 F.2d 878 60 USLW 2126 John Eric PRICE, Petitioner-Appellant, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee. No. 89-16457. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 1991. Decided Aug. 7, 1991. Kai H. Wessels, Gonsalves & Kozachenko, Fremont, Cal., Barbara R. Shufro and Edward V. Anderson, Pillsbury, Madison and Sutro, San Jose, Cal., for petitioner-appellant. Lowell V. Sturgill, Jr., Civ. Div., U.S. Dept. of Justice, Washington, D.C., for respondent-appellee. Appeal from the United States District Court for the Northern District of California. Before BEEZER and NOONAN, Circuit Judges, and SINGLETON, * District Judge. BEEZER, Circuit Judge: 1 John Eric Price appeals the district court's denial of his petition for naturalization. The district court's order was based on Price's refusal to list all organizations with which he has ever been affiliated. Price argues that the Attorney General does not have statutory authority to require him to supply such a list and that such authority would be unconstitutional. We affirm. 2 * John Price is a native of England and a citizen of the United Kingdom. He was granted…