Boutilier v. INS - 387 U.S. 118, 87 S. Ct. 1563 (1967)

Rule:

The legislative history of the Immigration and Nationality Act indicates beyond a shadow of a doubt that the Congress intended the phrase "psychopathic personality" in 8 U.S.C.S. § 1182(a)(4) to include homosexuals.

Facts:

The petitioner, an alien who had had homosexual relations about three or four times a year for over 5 years immediately preceding his entry into the United States, was ordered deported on the ground that he was, at the time of entry, an alien "afflicted with psychopathic personality" and therefore "excludable from admission into the United States" under 212(a)(4) of the Immigration and Nationality Act of 1952. The petitioner's appeal from the finding of a Special Inquiry Officer was dismissed by the Board of Immigration Appeals, and his petition for review was dismissed by the Court of Appeals for the Second Circuit. The Court of Appeals held that the term "psychopathic personality" was intended to include homosexuality, and that the term as so construed was not unconstitutional on the ground of vagueness. Certiorari was granted. 

Issue:

Could the petitioner, who had homosexual relations about three or four times a year for over 5 years immediately preceding his entry into the United States, be deported on the ground of “psychopathic personality”?

Answer:

Yes.

Conclusion:

The Court affirmed the dismissal of petitioner's appeal from the deportation order. First, it held that the legislative history of § 212(a)(4) clearly indicated that Congress intended the phrase "psychopathic personality" to include homosexuals such as petitioner. Second, § 212(a)(4) was not void for vagueness since it did not impose sanctions for a person's conduct after entering the United States, but only provided for deportation based on characteristics a person possessed at the time of his entry. In that regard, the court found petitioner's deportation order was based solely on his pre-entry, not post-entry, conduct.