Pimental-Navarro v. Del Guercio

256 F.2d 877 Jose PIMENTAL-NAVARRO, Appellant, v. Albert DEL GUERCIO, Acting District Director, Immigration and Naturalization Service at Los Angeles, California, and Joseph A. Dummel, Special Inquiry Officer, Immigration and Naturalization Service at Los Angeles, California, Appellees. No. 15745. United States Court of Appeals Ninth Circuit. June 12, 1958. David C. Marcus, Los Angeles, Cal., for appellant. Laughlin E. Waters, U.S. Atty., Bruce A. Bevan, Jr., Richard A. Lavine, Los Angeles, Cal., for appellee. Before POPE, CHAMBERS, and HANLEY, Circuit Judges. HAMLEY, Circuit Judge. 1 Jose Pimental-Navarro was ordered deported for having knowingly and for gain assisted, aided, and abetted an alien to enter the United States illegally. Proceeding under the Administrative Procedure Act (5 U.S.C.A. 1001, 1009) and the Declaratory Judgment Act (28 U.S.C.A. 2201), he instituted this action to obtain a review of that order. Judgment was entered for defendants, and plaintiff appeals. 2 It is conceded that the act charged is a specified ground for deportation. See 8 U.S.C.A. 1251(a)(13), quoted in the margin. 1 Appellant contends, however, that his return to the United States on March 4,…