Jacques Arthur Gubbels v. Richard C. Hoy, as District Director, Immigration and Naturalization Service, Los Angeles, California

After hearing before a special inquiry officer of the Immigration and Natural ization Service, and rejection of his appeal by the Board of Immigration Appeals, appellant, an alien and native of Belgium, was ordered deported from the United States on the ground that he had after entry been convicted of two crimes involving moral turpitude not arising out of a single scheme of criminal misconduct, within the meaning of § 241(a) (4) of the Immigration and Nationality Act of 1952 ( 8 U.S.C.A. § 1251 (a) (4)).

Plaintiff arrived in the United States with his parents on February 3, 1948 and was admitted for permanent residence. He was then 12 years of age. In 1952 he enlisted in the United States Army and on September 13, 1954, while serving in Germany with the American Armed Forces he was convicted of two offenses. The conviction by court-martial was for larceny committed on March 16, 1954 when he was charged with stealing a pistol, the property of the United States, of the value of more than $50; the second offense of which he was convicted, also by court-martial, was robbery on August 2, 1954. This charge was that by force and violence and against the will of the owner he stole an…