Edward Charles Wood v. Richard C. Hoy, District Director, Immigration and Naturalization Service, United States Department of Justice

Appellant, Edward Charles Wood, here appeals from a judgment of the United States District Court for the Southern District of California upholding a deportation order entered against him by the Immigration and Naturalization Service.

The District Court had jurisdiction under 5 U.S.C.A. § 1009 and 28 U.S.C. § 2201 . Jurisdiction of this court rests on 28 U.S.C. § 1291 and § 1294(1).

At the hearing before the Immigration and Naturalization Service on August 19, 1957, Wood was found deportable under § 241(a) (4) of the Immigration and Nationality Act ( 8 U.S.C.A. § 1251 (a) (4)).

§ 1251, in setting forth the classes of deportable aliens, provides as follows:

After exhausting his administrative remedies, Wood filed his complaint in the District Court on December 9, 1957, seeking to set aside the deportation order.

At the time of filing his complaint, appellant was a 21-year old native and citizen of Canada and had resided continuously in the United States since January 13, 1954. On that date appellant had been admitted to the United States as an immigrant for permanent residence with his parents, brother and sister.

In July, 1957, appellant was convicted in the Superior Court of…