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Case Name In re Longstaff IM-TX-0014
Docket / Court Misc. No. 1261; Petition ( N.D. Tex. )
State/Territory Texas
Case Type(s) Immigration
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 ... read more >
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).

Dan Dalton - 12/05/2007


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Issues and Causes of Action
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Issues
Discrimination-basis
Sex discrimination
Immigration
Status/Classification
U.S. citizenship - acquiring
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. ยงยง 1101 et seq.
Defendant(s) Immigration and Naturalization Service (INS)
Plaintiff Description Resident alien who was denied naturalization due to homosexuality
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Unknown
Nature of Relief None
Source of Relief None
Case Closing Year 1984
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Table Opinion (631 F.2d 731)
IM-TX-0014-0004.pdf | WESTLAW| LEXIS | Detail
Date: 10/31/1980
Table Opinion (634 F.2d 629)
IM-TX-0014-0005.pdf | WESTLAW| LEXIS | Detail
Date: 12/11/1980
Memorandum of Decision (538 F.Supp. 589) (N.D. Tex.)
IM-TX-0014-0002.pdf | WESTLAW| LEXIS | Detail
Date: 03/25/1982
Source: Google Scholar
Opinion (716 F.2d 1439)
IM-TX-0014-0001.pdf | WESTLAW| LEXIS | Detail
Date: 09/28/1983
Source: Google Scholar
Appellate Decision [Table] (719 F.2d 404)
IM-TX-0014-0003.pdf | WESTLAW| LEXIS | Detail
Date: 10/27/1983
Denial of Petition for Writ of Certiorari (467 U.S. 1219)
IM-TX-0014-0006.pdf | WESTLAW| LEXIS | Detail
Date: 05/29/1984
Source: Westlaw
Judges Estes, William Lee Court not on record
IM-TX-0014-0002
Rubin, Alvin Benjamin Court not on record
IM-TX-0014-0001
Stagg, Thomas E. Jr. Court not on record
IM-TX-0014-0001
Plaintiff's Lawyers Filppu, Lauri Steven (District of Columbia)
IM-TX-0014-0001
Perry, Margaret (District of Columbia)
IM-TX-0014-0001
Tidwell, Samuel M (Texas)
IM-TX-0014-0002
Defendant's Lawyers Bates, Brian K. (Texas)
IM-TX-0014-0001 | IM-TX-0014-0002
Cabiness, Charles D (Texas)
IM-TX-0014-0002
Curry, James A (Texas)
IM-TX-0014-0002
Reinfeld, Lee B (Texas)
IM-TX-0014-0002
Other Lawyers Graff, Leonard (California)
IM-TX-0014-0001

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