Mangaoang

205 F.2d 553 MANGAOANG, v. BOYD, Districtor Director, Immigration and Naturalization Service et al. No. 13537. United States Court of Appeals Ninth Circuit. June 17, 1953. John Caughlan and Siegfried Hesse, Seattle, Wash., C. T. Hatten, Seattle, Wash., for appellant. J. Charles Dennis, U.S. Atty., John E. Belcher, Asst. U.S. Atty., and John W. Keane, Immigration & Naturalization Service, Seattle, Wash., for appellee. Before HEALY, BONE and POPE, Circuit Judges. POPE, Circuit Judge. 1 The appellant was arrested on a warrant of deportation and after a hearing ordered deported from the United States upon the ground that he was after entering the United States an alien who was a member of the Communist Party of the United States and hence deportable under the provisions of the Internal Security Act of 1950, Pub. Law 831, Ch. 1024, 81st Cong., 2d Sess., U.S. Code Cong. Service 1950, p. 984. The order was affirmed by the Board of Immigration Appeals and appellant sought a writ of habeas corpus in the court below. The appeal is from the judgment denying the writ. 2 Appellant was born of Filipino parentage in the Philippine Islands on February 22, 1902. He came to the continental…

The appellant was arrested on a warrant of deportation and after a hearing ordered deported from the United States upon the ground that he was after entering the United States an alien who was a member of the Communist Party of the United States and hence deportable under the provisions of the Internal Security Act of 1950, Pub.Law 831, Ch. 1024, 81st Cong., 2d Sess., U.S.Code Cong. Service 1950, p. 984. The order was affirmed by the Board of Immigration Appeals and appellant sought a writ of habeas corpus in the court below. The appeal is from the judgment denying the writ.

Appellant was born of Filipino parentage in the Philippine Islands on February 22, 1902. He came to the continental United States for permanent residence April 29, 1926, and has lived in the United States continuously since that day. At the time of his arrival in this country he was not an alien, but was a national of the United States. Cabebe v. Acheson, 9 Cir., 183 F.2d 795 . The Philippine Independence Act, enacted March 24, 1934, 48 U.S.C.A. § 1231 , which became effective May 14, 1935, provided that: “(1) For the purposes of Chapter 6 of Title 8 [except § 213(c) (not pertinent here)], this section, and…

(specially concurring).

I concur in the first part of Judge POPE’s opinion which holds that Manga-oatig is not a member of a deportable class, not having been simultaneously an alien and a member of the Communist Party. I have grave doubts and therefore reserve judgment concerning the validity of the second ground of the decision, i. e., that Mangaoang never “entered” the United States, and therefore is not deportable.