Hernandez-Avila v. Boyd

294 F.2d 373 Juan Manuel HERNANDEZ-AVILA, Appellant, v. John P. BOYD, District Director Immigration and Naturalization Service, and Robert F. Kennedy, Attorney General of the United States, Appellees. No. 17442. United States Court of Appeals Ninth Circuit. September 1, 1961. John Caughlan, Seattle, Wash., for appellant. Charles P. Moriarty, U. S. Atty., and Richard F. Broz, Asst. U. S. Atty., Seattle, Wash., for appellees. Before HAMLIN, MERRILL and KOELSCH, Circuit Judges. HAMLIN, Circuit Judge. 1 Juan Manuel Hernandez-Avila, appellant herein, was born in Mexico in 1925 and in the same year moved with his parents to the United States. He attended Texas public schools and the University of Texas; during World War II he served overseas as a member of the United States Armed Forces. He became a citizen of the United States on June 20, 1944, by virtue of a decree of the Superior Court of the State of California in and for the County of Sacramento. He left the United States in 1951 and resided in Mexico until January, 1961, when he returned to this country under a Mexican passport as a Mexican citizen; he was admitted under a non-immigrant visa issued by the American Embassy in…