Record
Court opinion
1962-12-20
U.S. Court of Appeals for the D.C. Circuit, via CourtListener
Marcello v. Kennedy, 312 F.2d 874 (D.C. Cir. 1962)
The D.C. Circuit's opinion on Marcello's suit over his removal to Guatemala on 4 April 1961; it recites that he had re-entered the United States by June 1961 when a criminal prosecution had begun, and directs dismissal of the complaint.
- Date
- 1962-12-20
- Kind
- court-opinion
- Retrieved
- 2026-10-12
- Docket
- No. 16553
- Rights
- A federal court opinion. A work of the United States government, public domain under 17 U.S.C. § 105. The text was read on CourtListener; no publisher headnote is used.
The opinion (argued 12 October 1962, decided 20 December 1962; 114 U.S. App. D.C. 147) concerns an appeal from the dismissal of Marcello’s suit in the District of Columbia challenging his removal. It recites that Marcello had been declared a deportable alien in Marcello v. Bonds (1955) and that “on April 4, 1961, the Government physically removed Marcello from Louisiana to Guatemala.” His attorneys sued the next day alleging that a false birth certificate had been used to procure his entry into Guatemala; those allegations are the complaint’s, as recited by the court. By June 1961 he had re-entered the United States and a criminal prosecution had begun in New Orleans.
The court holds that the district court should simply have dismissed the complaint in its discretion, and vacates and remands with directions to dismiss. Judge Wilbur K. Miller dissented. The research request for this case called it a 1963 decision; the opinion is dated 20 December 1962.
