Galvan

Galvan v. Press

Good Law
201 F.2d 302
United States Court of Appeals for the Ninth CircuitMarch 9, 195313339_1California1,836 words

Opinion

Opinion

Stephens, J.

Appellant Galvan, an alien, was arrested and, after a hearing, was ordered deported. He sought release from custody by petition to the United States district court for the issuance of the writ of habeas corpus. An order to show cause was issued and, after a hearing, the petition for the writ was denied.

Appellant, a native of Mexico, entered this country in 1918 and, except for a few legal visits to Mexico, has been in and has resided in the United States ever since.

On the 17th of March, 1948, upon his return from Mexico, appellant gave a statement under oath to Immigration Inspector Oral K. Chandler in which he admitted that he had. belonged to the Communist Party, had attended Communist meetings, but that there had been no talk in the meetings of overthrowing the United States government by force or violence. He stated that he had dropped out of membership through lack of interest. He further stated that he had not applied for naturalization because he feared membership in the Communist Party might be revealed.

A supplemental statement which was given on March 31, 1948, reaffirmed the contents of the first statement and contained the additional information that appellant…

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