Tora Upstead Rystad v. John P. Boyd, District Director, Immigration and Naturalization Service

In this proceeding, petitioner, challenging the legality of an order for her deportation, seeks a writ of habeas corpus, declaratory judgment, and injunctive relief. The trial court, after hearing, dismissed the proceeding on the ground that the judgment entered in a prior cause was final and determinative of all issues presented. Petitioner appeals.

Appellant, a native of Norway, has resided continuously in the United States since May 31, 1928. On July 16, 1954, she was served with a deportation warrant based upon the charge that she had become a member of the Communist Party of the United States (§ 241(a), Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1251 (a)). A hearing on this charge was held on August 24, 1954, before a Special Inquiry Officer of the Immigration and Naturalization Service. She was represented by counsel at this hearing.

When the evidence submitted on behalf of appellee had been received, appellant requested and received a continuance of the hearing for twenty-eight days, so that she could prepare her defense. Upon the resumption of the hear *248 ing on September 21, 1954, counsel for appellant moved to dismiss the charges. The motion was denied.…

(concurring) .

I concur in affirming the judgment but am constrained to add that this appeal is devoid of the semblance of merit. It should be stamped for what it is, a frivolous appeal. I would go further and adjudge appellant’s counsel in contempt of court in taking up the time of this busy court with this frivolity. He should be punished for doing so.

246 F.2d 246 Tora Upstead RYSTAD, Appellant, v. John P. BOYD, District Director, Immigration and Naturalization Service, Appellee. No. 15204. United States Court of Appeals Ninth Circuit. June 21, 1957. Rehearing Denied September 5, 1957. Warren Hardy, Seattle, Wash., for appellant. Charles P. Moriarty, U. S. Atty., Richard F. Broz, Asst. U. S. Atty., Seattle, Wash., for appellee. Before BONE, LEMMON and HAMLEY, Circuit Judges. HAMLEY, Circuit Judge. 1 In this proceeding, petitioner, challenging the legality of an order for her deportation, seeks a writ of habeas corpus, declaratory judgment, and injunctive relief. The trial court, after hearing, dismissed the proceeding on the ground that the judgment entered in a prior cause was final and determinative of all issues presented. Petitioner appeals. 2 Appellant, a native of Norway, has resided continuously in the United States since May 31, 1928. On July 16, 1954, she was served with a deportation warrant based upon the charge that she had become a member of the Communist Party of the United States (§ 241(a), Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1251 (a)). A hearing on this charge was held on August 24,…