Barber

This is an action to review deportation, orders. On February 6, 1957, defendant ordered plaintiffs, who are husband and wife, to be deported for entering the-United States in August 1948 as immi *631 grants without immigrant’s visas 1 *and Bong Youn Choy, the husband, to be deported on the additional ground of membership in the Communist Party subsequent to entry. 2 The deportation orders are based on findings by a special inquiry officer of the Immigration and Naturalization Service. The court is asked to determine whether or not these findings are supported by substantial evidence on the record as a whole.

The record shows that Bong Youn Choy was born in Korea in 1914. He first came to the United States in 1938 on a Japanese passport and a student visa. Tung Suck Lee, who was born in Korea in 1916, first entered the United States in 1941 on a Japanese passport and a student visa. She and Choy met and were married in Los Angeles in 1942. They have three American-born children.

From 1938 to 1946, the record shows, Choy studied at various colleges in California, ultimately receiving a Bachelor of Arts and a Master of Arts from the University of California. His major field of…