Bernard Hirsch v. Immigration and Naturalization Service

Petition to review an order of deportation, the matter having been transferred to this Court pursuant to § 5(b), Pub.L. 87-301, 75 Stat. 651. (See 8 U.S.C.A. § 1105a.)

The alien entered this country, lawfully, on February 9, 1946, following a temporary absence of about two weeks. His original entry, as an immigrant, was on January 8, 1941. On March 12, 1952, a warrant of arrest was issued, containing the following charge:

The arrest was made pursuant to former 8 U.S.C.A. § 155 (a) (now 8 U.S.C.A. § 1251 (a) (4)), which provides: “any alien who, after May 1, 1917, is sentenced to imprisonment for a term of one year or more because of conviction in this country of a crime involving moral turpitude, committed within five years after * * * entry * * * shall * * * be * * * deported”. (Act of Feb. 5, 1917, c. 29, sect. 19, 39 Stat. 889 .)

A hearing was had on May 21, 1952, at which the warrant was marked as an exhibit. Petitioner was present with counsel. In support of the charge, the following documents were received:

Item 1. A judgment of the United States District Court, Eastern District of New York, case No. Cr-42116, dated April 6, 1950 showing plea of guilty to the charge

It…