Rosenberg v. Fleuti

Fleuti (defendant), a Swiss national and lawful permanent resident, left the United States only once -- for a few hours in Mexico in 1956. The INS, represented by director Rosenberg (plaintiff), sought to deport Fleuti on the theory that his return from that brief trip counted as a new "entry" at which he was excludable as a "psychopathic personality" because he was homosexual. Deportation was ordered and upheld administratively; Fleuti challenged the underlying exclusion statute as unconstitutionally vague, and the Ninth Circuit agreed, prompting Supreme Court review -- though the Court found it first had to resolve whether Fleuti's brief Mexico trip even counted as an "entry" under the statute.