Halldora Kristin Sigurdson v. Albert Del Guercio

Halldora Sigurdson, who alleges herself to be an alien who entered the United States in 1946, brought a “Complaint for Declaratory Judgment and Injunction” against Albert Del Guercio, identified as officer in charge of the Immigration and Naturalization Service at Los Angeles, and John Doe and Richard Roe, said to be “acting officers in charge” of said office for said agency of the Government. It is alleged in the complaint that defendants “will take plaintiff into custody under color” of an Order of Deportation, issued March 30, 1953, on the ground that she was a member of the Communist Party of the United States before her re-entry in 1949, and also that she was a member of a club which was a cell of the Communist Party while she was a student in this country. Plaintiff claims this order is “illegal and void and without force and effect.” It is prayed that “defendants” be restrained from deporting plaintiff. The grounds of illegality of the deportation order are that it was based upon an examination held on November 2, 1950, which was recorded by dictaphone and that the transcripts thereof were inaccurate and incomplete and not freely and voluntarily made. It is also said that…

(concurring).

I concur in the opinion prepared by-Judge FEE, as I understand it, and in the result reached by him.

However, in order that there be no mistake, I wish to say that I adhere to my belief, as briefly expressed in Crain v. Boyd, 9 Cir., 237 F.2d 927 , that the scope of the writ of habeas corpus has not been expanded to that of a declaratory judgment. I shall treat that point fully in an opinion to be filed at a later date in another case.

241 F.2d 480 Halldora Kristin SIGURDSON, Appellant, v. Albert DEL GUERCIO, Appellee. No. 14786. United States Court of Appeals Ninth Circuit. November 12, 1956. John P. Tobin, Los Angeles, Cal., for appellant. Laughlin E. Waters, U. S. Atty., Max F. Deutz, Andrew J. Weisz, Asst. U. S. Attys., Los Angeles, Cal., for appellee. Before STEPHENS and FEE, Circuit Judges, and FOLEY, District Judge. JAMES ALGER FEE, Circuit Judge. 1 Halldora Sigurdson, who alleges herself to be an alien who entered the United States in 1946, brought a "Complaint for Declaratory Judgment and Injunction" against Albert Del Guercio, identified as officer in charge of the Immigration and Naturalization Service at Los Angeles, and John Doe and Richard Roe, said to be "acting officers in charge" of said office for said agency of the Government. It is alleged in the complaint that defendants "will take plaintiff into custody under color" of an Order of Deportation, issued March 30, 1953, on the ground that she was a member of the Communist Party of the United States before her re-entry in 1949, and also that she was a member of a club which was a cell of the Communist Party while she was a student in this…