Hernandez-Avila

Juan Manuel Hernandez-Avila, appellant herein, was born in Mexico in 1925 and in the same year moved with his parents to the United States. He attended Texas public schools and the University of Texas; during World War II he served overseas as a member of the United States Armed Forces. He became a citizen of the United States on June 20, 1944, by virtue of a decree of the Superior Court of the State of California in and for the County of Sacramento. He left the United States in 1951 and resided in Mexico until January, 1961, when he returned to this country under a Mexican passport as a Mexican citizen; he was admitted under a non-immigrant visa issued by the American Embassy in Mexico City and as a non-immigrant visitor for pleasure. On February 7, 1961, in violation of his visa restrictions, he applied for work at the Boeing Aircraft Company plant in Seattle, Washington. He was interviewed by officers of the immigration service on February 10, and after being taken into custody was ordered on February 13 to show cause as to why he should not be deported to Mexico for failure to maintain his non-immigrant status as a visitor to the United States for pleasure. 1 Bail was fixed by…