Marie Germaine Rose Anna Bisaillon v. William A. Hogan, District Director Immigration and Naturalization Service, Honolulu

Appellant, an alien, was ordered deported after proceedings before a special inquiry officer of the Immigration Service and an appeal of that officer’s decision to the Board of Immigration Appeals. She then filed in the court below an action for declaratory judgment seeking review of the agency order. The court found and concluded that the determination of the Service was not erroneous, and that appellant had not been denied a fair hearing. Accordingly the proceeding for declaratory relief was dismissed, and this appeal followed.

Appellant was born in Montreal, Canada, and is a Canadian citizen. She first entered the United States for permanent residence in 1947, departed in 1950, and made her latest entry into this country the same year. She resides in Hawaii.

In October of 1955 she was tried and convicted of violation of 18 U.S.C. § 1542 and was sentenced to serve a term of 18 months. In December of the same year she was convicted of another and distinct offense against the same statute, and was fined only. This statute in material part reads as follows:

Specifically, the first of appellant’s convictions under the statute was on the charge of making of a false statement in a…