# Marcello v. Bonds, 349 U.S. 302 (1955)

Canonical: https://mobfiles.org/items/courtlistener-marcello-v-bonds-349-us-302/

Justice Clark's opinion upholding the order to deport Carlos Marcello, 'a native of Tunis, Africa,' under the 1952 immigration act on the basis of his 1938 Marihuana Tax Act conviction, and rejecting his Administrative Procedure Act claim. Justices Black and Douglas dissented.

The Supreme Court's opinion (argued 21-22 April 1955, decided 31 May 1955) describes Marcello as "a native of Tunis, Africa," ordered deported under the Immigration and Nationality Act of 1952 on the basis of his 1938 conviction under the Marihuana Tax Act. It rejects his claim that the Administrative Procedure Act governed the hearing and affirms. Justices Black and Douglas dissented. Lower-court citations printed in the opinion are 113 F. Supp. 22 and 212 F.2d 830.

An FBI headquarters memo summarizing the decision is in Part 01 of the Marcello file in the FBI Vault (about page 69 of the viewer text). Only the opinion text was used, not a publisher's headnote.

## Sources

- Supreme Court of the United States, via CourtListener: https://www.courtlistener.com/opinion/105313/marcello-v-bonds/