Gregorio Arciaga Mesina v. George K. Rosenberg, District Director of Immigration and Naturalization

This is an appeal from a judgment denying declaratory and injunctive re lief under 28 U.S.C.A. § 2201 and 5 U.S. C.A. § 1009. Appellant, Gregorio Arciaga Mesina, sought (1) a declaratory judgment vacating and declaring void a deportation order executed in 1936 and declaring that appellant is a permanent resident of the United States; and (2) an injunction against enforcement of a deportation order entered in 1958 and now outstanding against appellant.

Appellant was born in the Philippines in 1903 and at birth was a national of the United States. He first came to the United States in 1924 and lived continuously in continental United States or Puerto Rico from 1924 until 1936.

On June 25, 1935 a warrant of arrest was issued charging that appellant was deportable in that he was “found managing a house of prostitution, music hall, or other place of amusement where prostitutes gather.” In February, 1936, the Board of Immigration Appeals upheld appellant’s deportability. On February 27, 1936, a warrant of deportation was issued, charging that he was deportable under the Act of 1917, in that he “had been found managing a house of prostitution, and had been found receiving, sharing in,…