# Costello v. Immigration and Naturalization Service, 376 U.S. 120 (1964)

Canonical: https://mobfiles.org/items/courtlistener-costello-v-ins-376-us-120/

Supreme Court decision of February 17, 1964 holding that Frank Costello could not be deported under the two-crimes provision for convictions entered while he was a naturalized citizen.

Supreme Court of the United States, decided February 17, 1964. The opinion gives the history: "The petitioner, born in Italy in 1891, was brought to the United States when he was four years old." "He became a naturalized citizen in 1925. In 1954 he was convicted of two separate offenses of income tax evasion." His citizenship was revoked in 1959 ([365 U.S. 265](/items/courtlistener-costello-v-us-365-us-265/)), and deportation proceedings followed.

"The single question to be decided in the present case is whether this provision applies to a person who was a naturalized citizen at the time he was convicted of the crimes, but was later denaturalized." The Court held that it does not, and reversed the order of deportation.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/106744/costello-v-immigration-naturalization-service/