Stacher

Petitioner brings this complaint for a writ of habeas corpus to prevent his removal from the United States as ordered by the Immigration Service in an exclusionary proceeding brought under the provisions of Title 8 U.S.C. § 1221 et seq.

The petitioner, a native of Russia, came to this country as a twelve year old boy in July, 1912, and has resided here ever since. On May 12, 1930, he became a naturalized citizen, but on September 12, 1956, his citizenship was cancelled on the grounds of fraud. On April 10, 1960, he visited in Rome with his wife from whom he was legally separated and his children, one of whom was hospitalized in Switzerland, and returned July 19, 1960. On January 20, 1961, he again left for a two months’ visit, returning on March 20, 1961, at which time he was held for deferred inspection and released upon parole pending an exclusionary hearing before a Special Inquiry Officer. At this hearing the Officer found, among other things, that the petitioner had been admitted to the United States for permanent residence at New York on July 19, 1912. He further found that on December 9, 1953, in the Supreme Court of Saratoga, New York, the petitioner was convicted on his…