CONSTITUTIONAL LAW-FIFTH AMENDMENT DUE PROCESS-VAGUE AND INDEFINITE STATUTE-RIGHT TO TRIAL ON QUESTION OF ILLEGAL PRESENCE IN UNITED STATES

Defendant, an alien, against whom an order of deportation had been entered in 1930 by reason of his advocacy of the overthrow of the government by force and violence, was indicted for violation of section 20(c) of the Immigration Act of 1917 as amended, which made it a felony for an alien against whom such an order is outstanding to willfully fail or refuse to make timely application in good faith for travel or other documents necessary to his departure. The lower court dismissed the indictment on the ground that the statute in question was unconstitutionally vague and indefinite for failure to specify the nature of the travel documents necessary for departure and for failure to indicate to which country or to how many countries the alien should make application. On appeal, held, reversed. The statute on its face meets the constitutional test of certainty and definiteness. The court will not decide whether the statute is unconstitutional on the ground that it afforded defendant no opportunity to have the court which tried him pass on the validity of his deportation order because the defendant did not raise, brief or argue that question. United States v. Spector, 343 U.S. 169, 73 S.Ct. 591 (1952)