Niukkanen

In this habeas corpus proceeding petitioner seeks to invalidate an order for his deportation as an alien who had been a member of the Communist party. After a hearing in the district court, an order was entered dismissing his application. Petitioner appeals, contending that he was not shown to have a “meaningful” association with the Communist party, as that term is used in Rowoldt v. Perfetto, 355 U.S. 115, 120 , 78 S.Ct. 180 , 2 L.Ed.2d 140 . He also argues that the act under which he was ordered deported is unconstitutional.

*826 Petitioner, -whom we shall call Mackie, is a native and citizen of Finland. He entered the United States in 1909. at the age of ten months, and has resided in this country continuously since that time. Mackie has lived in Portland, Oregon, for about thirty-three years. He had service in the United States Army for three months in 1941, and for three days in 1942. He was honorably discharged for the “convenience of the government.” Mackie married an American citizen on June 24, 1945. There are no children as the issue of this marriage, but his wife has a sixteen-year-old son by a former marriage. Mackie’s aged father and mother and two sisters also…