Niukkanen v. Mcalexander

265 F.2d 825 Willia NIUKKANEN, also known as William Niukkanen, also known as William Albert Mackie, Appellant, v. E. D. McALEXANDER, Acting District Director, Immigration and Naturalization Service, Department of Justice, Appellee. No. 15990. United States Court of Appeals Ninth Circuit. April 6, 1959. Rehearing Denied May 19, 1959. Peterson, Pozzi & Lent, Nels Peterson, Gerald H. Robinson, Portland, Or., for appellant. C. E. Luckey, U. S. Atty., George E. Juba, Victor E. Harr, Asst. U. S. Attys., Portland, Or., for appellee. Before STEPHENS, CHAMBERS and HAMLEY, Circuit Judges. HAMLEY, Circuit Judge. 1 In this habeas corpus proceeding petitioner seeks to invalidate an order for his deportation as an alien who had been a member of the Communist party. After a hearing in the district court, an order was entered dismissing his application. Petitioner appeals, contending that he was not shown to have a "meaningful" association with the Communist party, as that term is used in Rowoldt v. Perfetto, 355 U.S. 115, 120 , 78 S.Ct. 180 , 2 L.Ed.2d 140 . He also argues that the act under which he was ordered deported is unconstitutional. 1 2 Petitioner, whom we shall call Mackie, is a…