Max Asuncion Tugade v. Richard C. Hoy, District Director, Immigration and Naturalization Service

Appellant, appealing from an adverse decision below where he sought review of the order of deportation affecting him, raises for the first time on this appeal four matters, and cites one case not directly in point.

Appellant urges: (1) that Presidential Proclamation No. 2696 , 22 U.S.C.A. §, 1281a, historical note, was unconstitutional; (2) that the 1956 amendment of § 241(a) (11) of the Immigration and Naturalization Act was prospective in its application; (3) that the saving clause (§ 405(a) of the Immigration and Naturalization Act of 1952) gave appellant a status of nondeportability; and (4) that the Philippine Independence Act of 1934, 48 Stat. 456 , was unconstitutional in changing appellant’s status from a national to that of an alien.

The first point is without merit. The Congress saw fit to make the complete independence of the Philippine Islands contingent upon action by the President of the United States. In so providing, it was itself legislating, and the President, by his proclamations , 22 U.S.C.A. § 1394 , historical note, pursuant to such express authority, acted within his authority and constitutionally.

The second point is without merit. The statute, § 241(a)…