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; 2 82-5 denying. passports, fi effect, to Communists and te persons whom evidence showed were. going abroad to further Communist causes, or regulation ‘giviag autherity. to demand | a non-Communi st affidavit from citizen applying fer passport. ... Re versed. - Bonetti v. Rogers (1958) 356 U.S. 691 | ~Aetion to set aside order of deportation. ‘The U.S. District Court for ‘the District of Columbia dismissed the complaint. The aller appealed. The U. S. Court of Appeals (D.C.) 99 0.S. App. D.C. 386, 240 F, 2d 624, affirmed, and the alien brought certiorari. The Supreme Court, Mr. Justice Whittaker, held that where alien was. ad-— mitted to U. s. for permanent residence on Novenber 1, 1923, and. alien became memher of Communist Party in 1932 and remained member to end of 1936 when he left party and never rejoined it, and im 1937 he voluntarily left U.S. te go to Spain to fight in Spanish Republican Army, and on October &, 1938 he was admitted to U. S. for permanent Tesidence as a quota immigrant and he thereafter continuonsly resided in 0. S. except fora one day visit to Mexico in September 1939,. alien's “time ef entering United States", within Sections of Enternal Security Act of 1950 providing im effect for deportation of any alien who was at time of entering 0. S., or who has been at any time thereafter, a member of Communist party, was October 6, 1938, as affected, if at all, by his returning entry from Mexico in September 1939, and inasmuch as alien was not on October 6, 1938,.or at any time thereafter, including September 1939, a member of Communist Party, he was not deportable under the Act. Reversed.