Vallejos

Vallejos v. Barber

Good Law
146 F. Supp. 781·1956 U.S. Dist. LEXIS 2510
United States District Court, Northern District of CaliforniaNovember 26, 1956Nos. 35710, 35711California1,922 words

Opinion

lead Opinion

Goodman, J.

These causes tender questions concerning the immigration status of natives of the Philippine Islands who departed from the Islands enroute to the continental United States while they were United States nationals, but, because the Philippine Independence Act, 48 Stat. 456 , 48 U.S.C. 1231 et seq. (1940 Ed.), became effective while they were at sea, arrived here as aliens.

The two causes reach this Court in different postures. Plaintiff Vallejos arrived in the continental United States on May 1, 1934 a few hours after the Philippine Independence Act became effective. Pending the issuance of new immigration regulations pursuant to that Act, he was paroled into the United States. Thereafter his whereabouts were unknown to the Immigration and Naturalization Service until 1955 when he was located and arrested in deportation proceedings. The proceedings culminated in an order of deportation, which was affirmed by the Board of Immigration Appeals. The ■order, as affirmed, directed his deportation pursuant to two statutory provisions: (1) Pursuant to Section 241(a) (1) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1251 (a) (1), in that he was at the time of entry within a…

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