Hazel Anna Wolf v. John P. Boyd, District Director, Immigration and Naturalization Service

Good Law
238 F.2d 249
United States Court of Appeals for the Ninth CircuitJanuary 19, 195715101_1California3,089 words

Opinion

Opinion

Barnes, J.

Petitioner admittedly is subject to, and under an order for deportation. Such order is valid and final. Her original hearing started in 1949. In 1951 she was found deportable by the Hearing Officer, on the charges contained in the warrant of arrest, namely, that she was a member of an organization which advocated the overthrow of the Government of the United States, that she circulated written and printed matter so advocating, and that after her entry she was an alien who was a member of the Communist Party of the United States.

In 1952, the petitioner appealed to the Commissioner of Immigration. He adopted the decision of the Hearing Officer. Later that year an appeal was dismissed by the Board of Immigration Appeals.

Petitioner instituted an action for judicial review in the District Court. This was heard and ordered dismissed in 1953; and the dismissal was affirmed in this Court in 1954, with rehearing denied. Wolf v. Boyd, 9 Cir., 215 F.2d 377 .

In 1955 the Supreme Court denied her petition for certiorari, 348 U.S. 951 , 75 S.Ct. 438 , 99 L.Ed. 743 .

As the lower court so aptly stated in this proceeding:

This is a judicial review of such an application heretofore denied…

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