Donald Thomas Burr v. A. E. Edgar, Officer in Charge of the United States Immigration and Naturalization Service

Appellant Burr, an alien, entered the United States on October 8, 1946. On March 20, 1951, in the Superior Court of the State of California, County of Los Angeles, he was convicted upon his plea of guilty of the offense of issuing an insufficient funds check, a crime which, it is not disputed, involved moral turpitude. On May 9, 1951, proceedings as to the charge were suspended and appellant was granted probation for a period of ten years on condition that he serve ten months of his probationary period in jail and that he make restitution.

On May 15, 1959, Burr’s probation was revoked, he was sentenced to serve a term of one year in the County Jail of Los Angeles County, and he was remanded to the custody of the Sheriff of Los Angeles County to serve his sentence. Thereafter, proceedings looking to appellant’s deportation were instituted by the Immigration and Naturalization Service and, following hearing, it was determined that appellant was deportable under § 241(a) (4) of the Immigration and Nationality Act of June 27, 1952 [ 8 U.S.C.A. § 1251 (a) (4)] as an alien who had been “convicted of a crime involving moral turpitude committed within five years after entry and sentenced…