Brigildo Resurreccion-Talavera v. Bruce G. Barber, Individually and as District Director of Immigration and Naturalization

Talavera, born in the Philippine Islands, entered the United States in 1934. In 1942 he was convicted of first degree burglary and served approximately two years imprisonment in the California state prison. During April, 1952, he made several visits to Mexico and in each instance returned to the United States through the port of Calexico. Following his arrest in August, 1952, hearings were held by the Immigration Service and on July 31, 1953, he was ordered deported pursuant to the provisions of Section 19 of the Immigration Act of 1917, as amended, (formerly 8 U.S.C. § 155 , now substantially re-enacted in 8 U.S. ■C.A. § 1251) upon the ground that he was an alien who had been convicted of a felony involving moral turpitude prior to his latest entry into the United States.

Talavera filed a complaint seeking a judicial review of the administrative action and injunctive relief against the enforcement of the deportation order. On Barber’s motion the District Court dismissed the action for failure of the complaint to state a claim upon which relief can be granted.

The legality of a deportation order may be tested by judicial review as well as habeas corpus and the Attorney General…