United States v. Bruce Clifford Palmer

Bruce C. Palmer appeals from his conviction, after a trial without a jury, for having been found in the United States without the express consent of the Attorney General after having been deported to Canada on March 12, 1968, in violation of 8 U.S.C. § 1326 . We affirm.

Palmer is an alien, a citizen of Canada. He was the subject of a deportation hearing on January 19, 1967, at which time he was represented by counsel. The charge then under consideration was that he had been admitted as a non-immigrant visitor for pleasure who thereafter became gainfully employed in violation of the terms of his admission. At this hearing Palmer did not contest his deportability and he was ordered deported to Canada. Voluntary departure was denied. Palmer took no administrative appeal and on January 30, 1967, a warrant of deportation was executed.

Palmer thereafter reentered the United States without permission. He was then made the subject of a second deportation hearing on February 27, 1968. He was again represented by counsel. The charge pressed at this second hearing was that, being a previously deported alien, he had reentered the United States without the consent of the Attorney General. At…