691

CLARK, J., dissenting.

1923 entry, and the 1938 admission is not dependent on the former but was a regular "quota immigrant" entry. Nevertheless, petitioner is an alien who entered and "thereafter" was a member of the Communist Party while in the United States. Any number of additional entriesin 1938 or otherwise-cannot wipe out that fact.

In United States ex rel. Volpe v. Smith, 289 U. S. 422 (1933), the question was whether an alien's criminal conviction had occurred "prior to entry" within the meaning of § 19 of the Immigration Act of 1917. 39 Stat. 889. The alien contended that "entry" should be construed as meaning, in effect, "first entry," but the argument was rejected. The Court said, "An examination of the Immigration Act of 1917, we think, reveals nothing sufficient to indicate that Congress did not intend the word 'entry' . . . should have its ordinary meaning." 289 U. S., at 425. See also United States ex rel. Claussen v. Day, 279 U. S. 398 (1929). Petitioner here makes the converse argument that the word "entering" should be modified to read "last entering." I would not so amend the statute in disregard of the long and uniform judicial, legislative, and administrative history whereby "entry" has acquired a definitive, technical gloss, to wit, its ordinary meaning and nothing more or less. Therefore, I would affirm the judgment of the Court of Appeals.

ON PETITION

HILL v. UNITED STATES.

FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT

OF COLUMBIA CIRCUIT.

No. 287, Misc. Decided June 2, 1958.

Certiorari and leave to proceed in forma pauperis granted; judgment vacated and case remanded for consideration in light of cases cited. Reported below: See 101 U. S. App. D. C. 313, 248 F. 2d 635.

Howard Adler, Jr. for petitioner.

Solicitor General Rankin, Acting Assistant Attorney General McLean and Beatrice Rosenberg for the United States.

PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment of the United States Court of Appeals for the District of Columbia Circuit is vacated and the case is remanded to that court for consideration in light of Ellis v. United States, 356 U. S. 674, decided May 26, 1958, and also in light of Farley v. United States, 354 U. S. 521; and Johnson v. United States, 352 U. S. 565.

REPORTER'S NOTE.

The next page is purposely numbered 901. The numbers between 704 and 901 were purposely omitted, in order to make it possible to publish the per curiam decisions and orders in the current advance sheets or "preliminary prints" of the United States Reports with permanent page numbers, thus making the official citations available immediately.

ORDERS FROM MARCH 10 THROUGH

JUNE 2, 1958.

MARCH 10, 1958.

Miscellaneous Orders.

The Clerk is authorized to transfer to the National Archives the manuscript records and miscellaneous papers filed in cases docketed in this Court up to the year 1860.

No. 304, Misc. KAPSALIS v. UNITED STATES; and No. 408, Misc. MCGUINN v. PEGELOW, SUPERINTENDENT, DISTRICT OF COLUMBIA REFORMATORY. Motions for leave to file petitions for writs of habeas corpus denied.

Certiorari Granted. (See also Misc. Nos. 41, 186 and 223, ante, pp. 24, 25, 26.)

No. 714. HINKLE, ADMINISTRATRIX, ET AL. v. New ENGLAND MUTUAL LIFE INSURANCE CO. OF BOSTON, MASSACHUSETTS. C. A. 8th Cir. Certiorari granted. Leland S. Forrest for petitioners. Phineas M. Henry for respondent. Reported below: 248 F. 2d 879.

Certiorari Denied.

No. 740. APPELBAUM, DOING BUSINESS AS PENGUIN FROZEN FOODS, v. REFRIGERADORA DEL NOROESTE, S. A. C. A. 7th Cir. Certiorari denied. Stanford Clinton, Robert A. Sprecher and Frank A. Karaba for petitioner. Louis A. Kohn, Miles G. Seeley and Robert L. Stern for respondent. Reported below: 248 F. 2d 858.

No. 747. TAYLOR, TRUSTEE IN BANKRUPTCY, v. ENGRAM. C. A. 5th Cir. Certiorari denied. T. T. Molnar for petitioner. Reported below: 249. F. 2d 441.