Bruce G. Barber, District Director, Immigration and Naturalization Service, San Francisco v. Lal Singh

Appellee is an applicant for suspension of deportation. It is conceded that he is subject to deportation, and the issue before us is the correctness of the District Court’s order holding that his eligibility for suspension of deportation should be determined under the provisions of the Immigration Act of 1917 rather than the Immigration Act of 1952.

Appellee first entered this country in 1925. He was convicted of violation of the Passport Act of 1918 and deported, but in 1927 he again illegally entered the United States. In 1935 he stated undér oath to an examining officer of the Immigration and Naturalization Service that he had entered this country only once. In May, 1938, a warrant of arrest pursuant to deportation proceedings was issued, but it was returned unserved. In 1949, he made application for Registry of an Alien in which he stated he had entered this country only once, in 1923, and had never been deported. This application was denied when it was learned of his prior deportation. In 1950 a warrant of arrest in a deportation proceeding was issued charging petitioner with being in this country in violation of the Immigration Act of 1924. A hearing was held before a…