Arthur Tuggi Brunner v. Albert Del Guercio, as District Director, Immigration and Naturalization Service, Los Angeles, California

This is an appeal from the judgment of the District Court denying relief prayed for in a complaint filed by Brun-ner for judicial review, of an order of deportation. The record upon which the order was based showed that Brunner entered this country on October 15, 1949, and was admitted for permanent residence. He is a native and citizen of Switzerland. In 1953, he reentered the United States on two different occasions under reentry permits issued by the Immigration and Naturalization Service. Prior to that time, about April 2, 1951, he executed Selective Service Form No. 130, wherein he claimed “relief from liability for training and service in the armed forces of the United States.”

After the last reentry, Brunner was served with a warrant to show cause why he should not be deported from the United States, upon which a hearing was held.

The Special Hearing Officer who heard the case recited that Brunner testified that he had made the application for relief from training and service wholly through misunderstanding; that, when he signed the form, he had but a slight knowledge of the English language; that the form was read to him, but that he did not understand it and was of the…