Anthony A. Alesi v. Gordon L. Cornell, Officer in Charge, Immigration and Naturalization Service, Los Angeles, California

This is an appeal from a denial of a petition for a declaratory judgment and injunctive relief. The action was brought to prevent deportation of petitioner, and to declare defendant’s order of deportation invalid for lack of procedural due process.

As plaintiff states, the facts are not in dispute. Plaintiff, subsequent to his entry into this country, was convicted:

(1) on April 23, 1940, in New York, of unlawful possession of narcotic drugs;

(2) on February 6,1942, in New York, of theft of mail from an authorized depository ;

(3) on August 26, 1952, in California, of petty theft (§ 484, California Penal Code);

(4) on December 22, 1952, in California, of petty theft (§ 484, California Penal Code);

(5) on March 13, 1952, in California, of petty theft, two counts (two different dates); (§ 484, California Penal Code); and,

(6) on November 1, 1955, in California, issuing checks without sufficient funds.

Prior to the last arrest and conviction, and while defendant was on probation for petty theft, a warrant of arrest in deportation proceedings was issued, charging conviction of two crimes involving moral turpitude, not arising out of a single scheme of criminal conduct, to wit:…