Jose Angel Ocon v. Albert Del Guercio, Acting Officer in Charge of the Immigration and Naturalization Service, Los Angeles, California

Jose Angel Ocon appeals from a judgment of the United States District Court in favor of appellee Albert Del Guercio, acting officer in charge of the Immigration and Naturalization Service, Los Angeles, California. Appellant had sought injunctive and declaratory relief against such officer pursuant to the provisions of Section 10 of the Act of June 11, 1946, commonly called the Administrative Procedure Act, 60 Stat. 243 , 5 U.S.C.A. § 1009 .

Appellant is an alien, a native and citizen of Mexico. He lawfully entered the United States in 1919 and has resided in the United States continually since that time. A warrant for his arrest in deportation proceedings was issued and served on him on October 14, 1953, in which appellant was charged with being an alien who, after entry, had been a member of the Communist Party of the United States in violation of the Immigration and Nationality Act of 1952.

Deportation hearings were held at Los Angeles, California, on three occasions between October 26, 1953, and November 19, 1953. At these hearings two witnesses testified on behalf of the government as to appellant’s membership in the Communist Party of the United States. Upon the advice of…