Leonard Cruz-Sanchez v. Robert Robinson

Cruz-Sanchez is an alien, a native and citizen of Mexico. He was lawfully admitted to the United States in 1933, and has been a resident here continuously since that time.

The District Director of the Immigration and Naturalization Service at San Francisco, California, issued a warrant of arrest, which was served on July 21, 1952, charging that Cruz-Sanchez was subject to deportation in that, at the time of entry, he was an immigrant not in possession of a valid visa and that he •was not exempted by law from the presentation thereof and that he was convicted of a crime involving moral turpitude committed within five years after . entry.

The last entry of Cruz-Sanchez was in March, 1950.

On March 5, 1953, a deportation hearing was held. The record showed Cruz-Sanchez pleaded guilty in the California state court to burglary and grand theft, and was sentenced in 1952 to imprisonment for the time prescribed by law.

The Special Inquiry Officer, who presided at the hearing, ordered Cruz-Sanchez deported from the United States. An administrative appeal was taken by Cruz-Sanchez to the Board of Immigration Appeals from this decision. On June 6, 1953, the Board dismissed this appeal.…

I dissent.

I base my dissent upon the belief that the review scope of habeas corpus is not the same as that of a declaratory judgment action in deportation and exclusion eases and that the relief accorded in such cases is not exactly the same as that of the other.

It seems to me that the real bases of District Judge Byrnes’ action in the instant case and, as well, that of the majority upon the appeal is, that once detention of the alien by the immigration authorities is tested by habeas corpus, the judgment is res judicata, as against any other proceeding touching not only the validity of the detention but also the validity of the whole proceeding under the immigration act. I am not in accord with this conclusion. It is true that Brownell v. Tom We Shung, 352 U.S. 180 , 77 S.Ct. 252 , 1 L.Ed.2d 225 , tends toward such conclusion, but I do not find it decisive on the point; and I think a close analysis of the relevant statutes leads the other way.

249 F.2d 771 Leonard CRUZ-SANCHEZ, Appellant, v. Robert ROBINSON, Appellee. No. 15037. United States Court of Appeals Ninth Circuit. June 15, 1957. Richard R. Cody, Los Angeles, Cal. for appellant. Laughlin E. Waters, U.S Atty., Max F. Deutz, Edwin H. Armstrong, Asst. U.S. Attys., Los Angeles, Cal., for appellees. Before STEPHENS and FEE, Circuit Judges, and FOLEY, District Judge. JAMES ALGER FEE, Circuit Judge. 1 Cruz-Sanchez is an alien, a native and citizen of Mexico. He was lawfully admitted to the United States in 1933, and has been a resident here continuously since that time. 2 The District Director of the Immigration and Naturalization Service at San Francisco, California, issued a warrant of arrest, which was served on July 21, 1952, charging that Cruz-Sanchez was subject to deportation in that, at the time of entry, he was an immigrant not in possession of a valid visa and that he was not exempted by law from the presentation thereof and that he was convicted of a crime involving moral turpitude committed within five years after entry. 3 The last entry of Cruz-Sanchez was in March, 1950. 4 On March 5, 1953, a deportation hearing was held. The record showed Cruz-Sanchez…