United States Ex Rel. Alejandro Raca Alcantra v. John P. Boyd, District Director, Immigration and Naturalization Service

This is an appeal from an order denying a petition for the writ of habeas corpus whereby appellant (hereafter called the petitioner) sought release from the custody of appellee, District Director of the Immigration and Naturalization Service. The latter is holding petitioner for deportation pursuant to an order excluding him from the United States.

Petitioner was born in the Philippine Islands and came to the United States in 1928 as a United States national. He has lived here ever since. Notwithstanding his permanent residence, however, his status as a national of the United States terminated July 4, 1946, when the Philippines achieved independence. Thereupon his status became that of an alien. Cabebe v. Acheson, 9 Cir., 183 F.2d 795 ; Mangaoang v. Boyd, 9 Cir., 205 F.2d 553 . It appears that in 1948 he was convicted in California of a crime involving moral turpitude.

During the 1953 Alaska cannery season petitioner was an employee on a floating salmon cannery. He left the continental United States on May 27 of that year and returned on August 6, traveling both ways on American vessels and being at all times within the jurisdiction of the United States. Upon his return to…