Immigration · Primary-source case analysis

Costello: A Conviction While Naturalized Did Not Trigger the Statute for an Alien Convicted After Entry

By Aneeta Mishra and Timothy Chan

Published May 16, 2026

Costello v. Immigration and Naturalization Service examined whether later denaturalization retroactively satisfied the status language of a deportation statute tied to criminal convictions.

Status at conviction mattered

The respondent was a citizen, not an alien, when the convictions occurred.

Later denaturalization did not rewrite that historical fact

Revocation of citizenship did not make the respondent an alien at the earlier moment for purposes of the provision applied.

The statutory wording controlled

The Court declined to expand a deportation ground beyond the class Congress described.

The deportation order could not stand on that ground

The judgment was reversed without insulating the respondent from any other valid statutory consequence.

Key takeaways

• Track immigration status at entry, conduct, conviction, and adjudication separately.
• Use the exact status language of the charged removal ground.
• Do not assume later events operate retroactively.
• Evaluate alternative grounds independently.