Donald Thomas Burr v. Immigration and Naturalization Service

Petitioner has filed in this court a “Petition to Review and Set Aside Deportation Order” dated November 19, 1964, praying “that the Order of Immigration [sic] be set aside and vacated and Petitioner be granted such further relief as may be just and proper in the premises.” This court has original jurisdiction of the cause pursuant to Section 106(a) of the Immigration and Nationality Act, 75 Stat. 651 , 8 U.S.C.A. § 1105a(a).

Petitioner, an alien, is a native and citizen of Canada. On October 8, 1946, he entered the United States. On March 20, 1951, in the Superior Court of the State of California, County of Los Ange-les, he was convicted upon his plea of guilty of the offense of issuing a check with insufficient funds. On May 9,1951, sentence was suspended and petitioner was granted probation for a period of ten years on condition that he make restitution and serve ten months of his probationary period in jail, the probationary period to run concurrently with the probationary period in another case.

On May 15, 1959, petitioner’s probation was revoked, he was sentenced to serve a term of one year in the Los Angeles County Jail in each case, to run concurrently, and he was…