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Copyright (c) Tulane University 1972.
Tulane Law Review

NOTE: Aliens--Renunciation of Nationality Leaves Individual Stateless and Excludable as Any Alien

June, 1972

46 Tul. L. Rev. 984

Author

Milton C. Lorenz, Jr.

Excerpt

Thomas Glenn Jolley, a native of North Carolina, registered for the draft and was classified II-S (student deferment). In January or February 1967, he withdrew from college and went to Canada. After an unsuccessful attempt to secure a reclassification to I-O (conscientious objector), in April he was classified I-A (available for induction). Pending appeal of his I-A classification, Jolley went to the United States Consulate in Toronto in May and renounced his United States nationality in writing. On the following day he returned his draft card, accompanied by a letter advising his local board of his renunciation. His appeal of the I-A classification was rejected in July and in August 1967 he received a notice of induction. In March 1968, the Immigration and Naturalization Service learned that Jolley had reentered the United States without a visa. Deportation proceedings were instituted upon the grounds that Jolley was an alien excludable at the time of entry because he did not possess a valid entry document 1 and because he was a person who had left the country to avoid military service in a time of national emergency. 2 The Special Inquiry Officer found Jolley deportable on both grounds, and the Board of Immigration Appeals affirmed this order. Jolley appealed to the Fifth Circuit Court of Appeals, arguing that his renunciation was not voluntary and that he was admissible under a statute providing that an alien married to a United States citizen and otherwise admissible at the time of entry may ...
 
 
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