Richard C. Hoy, District Director of Immigration and Naturalization Service, Los Angeles, California v. Manuel Mendoza-Rivera

Mendoza-Rivera brought a declaratory judgment proceeding seeking in the ultimate a pronouncement that he is not deportable by appellant as an officer of the Immigration and Naturalization Service. He is not in custody. The trial court passed the judgment prayed for, and the District Director appealed.

Mendoza-Rivera is a Mexican by birth and parentage. He has resided in this country since he was two years old. He was convicted in the state court of the possession of flowering tops and leaves of Indian Hemp, a misdemeanor under California law, and sentenced to ninety days in jail in January, 1952. After due proceedings based upon this state conviction, Mendoza-Rivera was ordered deported on January 11, 1957.

We need not sentimentally animadvert to the consequences to this alien of a sentence of banishment. Most crimes have overtones in punishment quite unacceptable to the perpetrator. On the other hand, it may be suspected that the law abiding citizens of this country would not feel keenly the absence of Mendoza-Rivera. This is a subject of philosophical reflection and is not ruled upon. The result depends upon a statute of the United States. Courts have no duty to reform the…