Filed Date: 1979
Closed Date: May 29, 1984
Clearinghouse coding complete
In 1979, Richard John Longstaff, a 15 year resident alien of the U.S., filed suit in the United States District Court for the Northern District of Texas to challenge denial of his naturalization because he was a homosexual at the time he was admitted to the U.S. Longstaff was a native and citizen of the United Kingdom who was admitted to the U.S. in 1965 as a permanent resident. After living and working in the U.S. for 15 years, Longstaff petitioned to become a naturalized citizen. The District Court denied naturalization because it found that Longstaff had violated the Texas Penal Code by engaging in homosexual activity and had lacked established good moral character. The case was affirmed on appeal, In re Longstaff, 631 F.2d 731 (5th Cir.1980) (per curiam), but remanded to allow presentation of additional evidence of his good moral character. In re Longstaff, 634 F.2d 629 (5th Cir.1980) (on rehearing).
On remand, the District Court (Judge Joe Ewing Estes) again denied Longstaff's petition for naturalization. Longstaff appealed.
The Fifth Circuit Court of Appeals (Circuit Judge, Alvin B. Rubin) affirmed, determining that the INS properly denied naturalization because Longstaff was excludable as being "afflicted with psychopathic personality." Citing the Supreme Court case Boutilier v. Immigration & Naturalization Service, 387 U.S. 118, 120, 87 S.Ct. 1563, 1565, 18 L.Ed.2d 661, 664 (1967), the Appeals Court determined that the legislative history of the Act indicated that the Congress intended the phrase 'psychopathic personality' to include homosexuals. Since Longstaff was admittedly a homosexual, he was properly denied naturalization. Matter of Longstaff, 716 F.2d 1439 (5th Cir. 1983). Rehearing was denied, Matter of Longstaff, 719 F.2d 404 (5th 1983), as was certiorari. Longstaff v. Immigration and Naturalization Service, 467 U.S. 1219, 104 S.Ct. 2668, 81 L.Ed.2d 373 (1984).
Summary Authors
Dan Dalton (12/5/2007)
Estes, William Lee (Texas)
Filppu, Lauri Steven (District of Columbia)
Bates, Brian K. (Texas)
Cabiness, Charles D (Texas)
Curry, James A (Texas)
Estes, William Lee (Texas)
Rubin, Alvin Benjamin (Louisiana)
Stagg, Thomas E. Jr. (Louisiana)
Tate, Herbert H. JR (New Jersey)
Last updated March 24, 2024, 3:06 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Texas
Case Type(s):
Key Dates
Filing Date: 1979
Closing Date: May 29, 1984
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Resident alien who was denied naturalization due to homosexuality
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Immigration and Naturalization Service (INS), Federal
Case Details
Causes of Action:
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Discrimination-basis:
Immigration/Border: