Case: In re Longstaff

3:79-mc-01261 | U.S. District Court for the Northern District of Texas

Filed Date: 1979

Closed Date: May 29, 1984

Clearinghouse coding complete

Case Summary

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 Distr…

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)

People


Judge(s)

Estes, William Lee (Texas)

Rubin, Alvin Benjamin (Louisiana)

Stagg, Thomas E. Jr. (Louisiana)

Tate, Herbert H. JR (New Jersey)

Attorneys(s) for Plaintiff

Filppu, Lauri Steven (District of Columbia)

Perry, Margaret (District of Columbia)

Tidwell, Samuel M (Texas)

Attorneys(s) for Defendant

Bates, Brian K. (Texas)

Cabiness, Charles D (Texas)

Curry, James A (Texas)

Judge(s)

Estes, William Lee (Texas)

Rubin, Alvin Benjamin (Louisiana)

Stagg, Thomas E. Jr. (Louisiana)

Tate, Herbert H. JR (New Jersey)

Attorneys(s) for Plaintiff

Filppu, Lauri Steven (District of Columbia)

Perry, Margaret (District of Columbia)

Tidwell, Samuel M (Texas)

Attorneys(s) for Defendant

Bates, Brian K. (Texas)

Cabiness, Charles D (Texas)

Curry, James A (Texas)

Reinfeld, Lee B (Texas)

Other Attorney(s)

Graff, Leonard (California)

Documents in the Clearinghouse

Document

Table Opinion

In re: Petition of Longstaff

U. S. Court of Appeals for the Fifth Circuit

631 F.2d 731

Oct. 31, 1980 Order/Opinion

Table Opinion

U. S. Court of Appeals for the Fifth Circuit

634 F.2d 629

Dec. 11, 1980 Order/Opinion

Memorandum of Decision

In Re: Longstaff

538 F.Supp. 589

March 25, 1982 Order/Opinion

Opinion

U. S. Court of Appeals for the Fifth Circuit

716 F.2d 1439

Sept. 28, 1983 Order/Opinion

Appellate Decision [Table]

Matter of Longstaff

U. S. Court of Appeals for the Fifth Circuit

719 F.2d 404

Oct. 27, 1983 Order/Opinion

Denial of Petition for Writ of Certiorari

Longstaff v. Immigration and Naturalization Service

Supreme Court of the United States

467 U.S. 1219, 104 S.Ct. 2668, 81 L.Ed.2d 373

May 29, 1984 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

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):

Private Plaintiff

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.

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-basis:

Sex discrimination

Immigration/Border:

Status/Classification

U.S. citizenship - acquiring