Henry Ragonton Rabang v. John P. Boyd, District Director, Immigration and Naturalization Service

The only issues in this habeas corpus proceeding are whether appellant is an alien within the meaning of 46 Stat. 1171 , as amended, and if so whether appellant, having entered and remained in the United States as a national, is de-portable under the Act.

Appellant, was born in the Philippine Islands in 1910 and has continually resided in the United States since his arrival as a national in 1930. He never has been and is not now a citizen of the United States.

On February 12, 1951, in the District Court for the Western District of Washington, appellant was convicted on a guilty plea of the crime of selling and giving away narcotic drugs in violation of 26 U.S.C.A. § 2554 (a). A penitentiary sentence was suspended and appellant was placed on probation for three years.

On February 27, 1951, the Immigration and Naturalization Service instituted proceedings at Seattle for deportation of appellant under the act referred to on the ground that after the effective date of the act appellant had been convicted of violation of 26 U.S.C.A. § 2554 (a), a “law regulating traffic in narcotics.” On October 26, 1951, appellant was ordered deported and subsequent appeal from such order was…