Garcia
Garcia v. Landon, District Director of Immigration and Naturalization
Opinion
Opinion
Mathews, J.
Appellant, Carlos Alvarez Garcia, also known as Carlos Garcia-Alvarez, a Mex-iCan alien, was lawfully admitted to the United States for permanent residence on juüe i5t 1922. Appellant has resided in the United States continuously since June t f()r yisitg Mexico . , T n- •,««« ~ between June 15 1922, and May 15, 1949. After each such visit, appellant returned to and entered the United States. He last entered the United States on May 15, 1949.
On August 12, 1952, a warrant for appellant’s arrest was issued by appellee, H. R. Landon, a district director of Immigration and Naturalization. That warrant stated, in substance, that, from evidence submitted to appellee, it appeared that appellant was deportable under the Act of October 16, 1918, as amended, because, prior to May 15, 1949, he was a member of the Communist Party of the United States. Under that warrant, appellant was arrested at Los Angeles, California, on August 13, 1952. A hearing was had at Los Angeles on August 18, 1952. On August 20, 1952, the hearing officer (Wade H. Westmoreland) rendered a decision to the effect that appellant was deportable under the Act of October 16, 1918, as amended, because prior to May 15,…