John Eric Price v. United States Immigration and Naturalization Service

ORDER

The full court has been advised of the suggestion for rehearing en banc. Judge Beezer rejected the suggestion for rehearing en banc and Judge Singleton recommended rejection. Judge Noonan approved the suggestion for rehearing en banc. An active judge called for a vote on the suggestion and a majority of active judges voted not to rehear the matter en banc. The panel resumed control of the case February 25, 1992.

The panel has unanimously voted to grant the petition for rehearing. The opinion filed August 7, 1991, 941 F.2d 878 , is withdrawn. A new opinion is filed herewith and the clerk shall issue the mandate forthwith.

OPINION

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…

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); Talley v. California, 362 U.S. 60 , 80 S.Ct. 536 , 4 L.Ed.2d 559 (1960). 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…

962 F.2d 836 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. Withdrawn April 20, 1992. Order and Opinion Filed April 20, 1992. Pillsbury Madison & Sutro, Walter R. Allan, Edward V. Anderson, Barbara R. Shufro, Michael F. La Bianca, San Jose, Cal., ACLU of Northern California, Edward Chen, San Francisco, Cal., Kai H. Wessels, Law Offices of Kai H. Wessels, San Jose, Cal., for petitioner-appellant. Lowell V. Sturgill, Jr., 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 JAMES K. SINGLETON, * District Judge. ORDER The full court has been advised of the suggestion for rehearing en banc. Judge Beezer rejected the suggestion for rehearing en banc and Judge Singleton recommended rejection. Judge Noonan approved the suggestion for rehearing en banc. An active judge called for a vote on the suggestion and a majority of active judges voted not to rehear…