Knut Adolph Larsson, Also Known as Adolf Knute Larson v. Immigration and Naturalization Service

321 F.2d 541 Knut Adolph LARSSON, also known as Adolf Knute Larson, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 17688. United States Court of Appeals Ninth Circuit. Aug. 7, 1963. Seymour Mandel, Los Angeles, Cal., for petitioners. Francis C. Whelan, U.S. Atty., Donald A. Fareed, Asst. U.S. Atty., Chief of Civil Section; and James R. Dooley, Asst. U.S. Atty., Los Angeles, Cal., for respondent. Before CHAMBERS, POPE and BARNES, Circuit Judges. PER CURIAM. 1 This matter, held under submission by this Court until the United States Supreme Court decided Gastelum-Quinones v. Kennedy, 374 U.S. 469 , 83 S.Ct. 1819 , 10 L.Ed.2d 1013 is, on the basis of said decision, reversed and remanded to the Board of Immigration Appeals, United States Department of Justice, for reconsideration in the light of that decision. 2 POPE, Circuit Judge (concurring in part and dissenting in part). 3 I agree that the order of deportation must be reversed and set aside. 4 The respondent has conceded that the decision in Gastelum-Quinones v. Kennedy, 374 U.S. 469 , 83 S.Ct. 1819 , 10 L.Ed.2d 1013 'is applicable to the instant case.' I think it is too clear for argument that the decision…

(concurring in part and dissenting in part).

I agree that the order of deportation must be reversed and set aside.

The respondent has conceded that the decision in Gastelum-Quinones v. Kennedy, 374 U.S. 469 , 83 S.Ct. 1819 , 10 L.Ed.2d 1013 “is applicable to the instant case.” I think it is too clear for argument that the decision last mentioned' must control our disposition of this case; but in my view there is no justification for any further remand for further action by the Immigration and Naturalization Service.

As the record and the briefs show, this matter has once before been remanded on September 8, 1958 to the Immigration and Naturalization Service “for reopening of deportation proceedings and further findings in the light of Rowoldt v. Perfetto, 355 U.S. 115 , 78 S.Ct. 180 , 2 L.Ed. 140 .” The subsequent order of the Immigration and Naturalization Service, which was made pursuant to that remand, is the order which we now review.

Since the Gastelum-Quinones case, supra, is controlling here, it is my view that we should follow that case in its entirety and do what was done by the Supreme' Court there — simply set aside the order of deportation.

When the Immigration…

This matter, held under submission by this Court until the United States Supreme Court decided Gastelum-Quinones v. Kennedy, 374 U.S. 469 , 83 S.Ct. 1819 , 10 L.Ed.2d 1013 is, on the basis of said decision, reversed and remanded to the Board of Immigration Appeals, United States Department of Justice, for reconsideration in the light of that decision.