Foti v. Immigration and Naturalization Service/Concurrence Harlan

by John Marshall Harlan II

United States Supreme Court

375 U.S. 217

Foti  v.  Immigration and Naturalization Service

 Argued: Oct. 17 and 21, 1963. --- Decided: Dec 16, 1963

Mr. Justice HARLAN, concurring.

Believing that a jurisdictional statute of this kind should be circumspectly construed, cf. Kesler v. Department of Public Safety, 369 U.S. 153, 156-157, 82 S.Ct. 807, 810-811, and recognizing the force of the considerations which concerned the majority of the Court of Appeals, 308 F.2d 779, I am nevertheless satisfied that the legislative history of § 106(a) of the Immigration and Nationality Act leaves no room for a conclusion other than that which this Court has reached.

I therefore concur in the judgment.

Notes