Kaplan v. Tod, 267 U.S. 228 (1925) (No. 241)
1925
Case name: Kaplan v. Tod Opinion filed: 1925-03-02 Docket No.: 241 Citations: • 267 U.S. 228 • 45 S. Ct. 257 • 69 L. Ed. 585 • 1925 U.S. LEXIS 368 Case holding summaries: • child was ordered 20 CHENEAU V. GARLAND excluded before ever entering the country • though present in the United States, excluded alien "was still in theory of law at the boundary line and had gained no foothold in the United States" • presence in the country immaterial because excluded alien "was still in theory of law at the boundary line and had gained no foothold in the United States" • declaring that an excluded alien "was still in theory of law at the boundary line and had gained no foothold in the United States" • Excluded alien present in the United States for nine years "was still in theory of law at the boundary line and had gained no foothold in the United States[.]" • asking whether a minor was le- gally “dwelling” in the United States for purposes of a nat- uralization statute • concluding that an unadmitted alien held on Ellis Island, 4 and later elsewhere within the United States, was "to be regarded 5 as stopped at the boundary line" for naturalization purposes • noting that an alien “stopped at the boundary line” of the United States “had gained no foothold” in the country • noncitizen excluded at Ellis Island but detained instead of being deported immediately due to suspension of deportations during World War I “was to be regarded as stopped at the boundary line” • concluding that an unadmitted alien held on Ellis Island, and later elsewhere within the United States, was "to be regarded as stopped at the boundary line" for naturalization purposes • noting that an alien "stopped at the boundary line" of the United States "had gained no foothold" in the country • excluded alien who had been present in the United States for nine years "was still in theory of law at the boundary line and had gained no foothold in the United States" • despite nine years’ presence in the United States
