Chanan Din Khan v. Bruce G. Barber, District Director United States Immigration and Naturalization Service

This is an action brought by appellant, a citizen of Afghanistan, to review an order of the District Director of the United States Immigration and Naturalization Service deporting him; to declare the same void; and to enjoin the deportation. ( 5 U.S.C.A. § 1009 ; 66 Stat. 208 , 8 U.S.C.A. § 1252 .) The District Court had original jurisdiction to review (Shaughnessy v. Pedreiro, 349 U. S. 48 , 75 S.Ct. 591 , 99 L.Ed. 868 ), and appeal lies here. 28 U.S.C. § 1291 .

Appellant entered this country unlawfully on April 25th, 1923. On August 28th or 29th, 1949, his status was adjusted and he was granted a Certificate of Registry.

On January 25th, 1952 a jury convicted appellant of both counts of a two count indictment charging him with violation of § 145(b) of the Internal Revenue Code of 1939 ( 26 U.S.C. § 145 (b)), which charged him with wilfully attempting to defeat and evade his income tax for the years 1946 and 1947 by filing two separate “false and fraudulent income tax returns.”

Thereafter appellant’s Certificate of Registry adjusting his status was rescinded, and in subsequent proceedings he was found deportable as having been convicted of two crimes involving moral turpitude…