Madrona Banez v. Boyd

236 F.2d 934 Rogue MADRONA BANEZ, Appellant, v. John P. BOYD, District Director of Immigration and Naturalization Service, United States Department of Justice, and Roy J. Norene, Appellees. No. 15001. United States Court of Appeals Ninth Circuit. Sept. 26, 1956. Rehearing Denied Oct. 31, 1956. S. M. Suwol, Portland, Or., for appellant. C. E. Luckey, U.S. Atty., Victor E. Harr, Asst. U.S. Atty., Portland, Or., for appellees. Before HEALY, POPE and LEMMON, Circuit Judges. HEALY, Circuit Judge. 1 This is an appeal from a denial by the district court of the writ of habeas corpus and of an injunction to prevent appellant's deportation. 2 Appellant is a native of the Philippine Islands. He first arrived in the United States as a stowaway on May 4, 1939, and remained in the United States until December 21, 1945, when he shipped out as a member of the crew of an American hospital ship. The vessel went to the Philippines and thence returned to Honolulu where it docked February 26, 1946. Appellant was not then permitted to leave the ship because he was without a passport or substitute document. The vessel arrived in San Francisco March 6, 1946, and appellant was there permitted to leave the…