Hamish Scott MacKay Apellant v. Eugene D. McAlexander Acting District Director, District 31, Immigration and Naturalization Service

This is an appeal from a judgment dismissing an application for a writ of habeas corpus. The writ was sought for the purpose of setting aside an order for appellant’s deportation and an order denying his application for suspension of deportation. Appellant had been ordered deported as an alien who was a member of the Communist Party of the United States.

Appellant challenges the order of deportation on three grounds. The first of these is that the act under which he was ordered deported is unconstitutional as being in violation of article 1, section 9, clause 3, of the Constitution (bill of attainder), and the First and Fifth Amendments.

The identical contention was advanced in Niukkanen v. Boyd, 9 Cir., 241 F.2d 938 , and rejected by this court. On a subsequent appeal in the same case, Niukkanen v. McAlexander, 9 Cir., 265 F.2d 825 , we declined to re-examine the contention. The same constitutional argument was likewise advanced and rejected in Ocon v. Guercio, 9 Cir., 237 F. 2d 177, 179-180 .

On the authorities cited and those referred to therein, we hold that the act is not unconstitutional in the respects claimed.

The second ground on which appellant attacks the order of…