Rojas-Gutierrez

Plaintiff, an alien of Mexican nationality, has invoked the jurisdiction of this Court under § 10 of the Administrative Procedure Act [ 60 Stat. 243 (1946), 5 U.S.C.A. § 1009 ] to review administrative proceedings had before the Immigration and Naturalization Service of the Department of Justice which resulted in a final order of the Attorney General that plaintiff be deported from the United States. See Shaughnessy v. Pedreiro, 1955, 349 U.S. 48 , 75 S.Ct. 591 , 99 L.Ed. 868 ; cf. Kessler v. Strecker, 1939, 307 U.S. 22, 34-35 , 59 S.Ct. 694 , 83 L.Ed. 1082 .

The case has been submitted for decision upon an agreed statement of facts set forth in the pre-trial conference order. In 1948 plaintiff was before the Immigration and Naturalization Service in deportation proceedings based upon the charge that prior to entry into the United States he had been convicted of the crime of burglary. On May 4, 1948, the Commissioner of Immigration found plaintiff not to be deportable and ordered the deportation proceedings terminated.

In 1953 plaintiff was again the subject of deportation proceedings, this time based upon his conviction in 1938, 1945, and 1949 of the crime of possessing…