It is apparent that the Supreme Court was conveniently forgotten. I may say. when this bill was being prepared. The memorandum from which I have been reading further sets forth: Section 242 (b) would for the first time in our history allow an order of deportation to be made in absentia. Convictions in absentia are not valid and we seriously question the validity of a deportation order entered in absentia. even if an alien has been afforded a reasonable opportunity to be present. It will be noted that in matters of this character. the tendency of the Supreme Court has been to apply criminal standards. See the De George case. Certainly a conviction could not be sustained on the ground that the criminal had been given a reasonable opportunity to be present and refused to take advantage of it. At any rate. such procedure for the deportation of aliens should be abhorrent to us and there is no necessity for the same. Section 342 authorizes the Attorney General to cancel citizenship certificates and other documents by written notice sent to a persons last known place of address. Similarly. in section 340 (b). provision is made which authorizes denaturalization where a person is absent from the judicial district in which he last had his residence. by publication. and personal service is not made mandatory in either section.
Keywords matched
deportation