221 F.2d 890 (7th Cir. 1955), 11208, United States v. Heikkinen

Docket Nº:11208.
Citation:221 F.2d 890
Party Name:The UNITED STATES of America, Plaintiff-Appellee, v. Knut Einar HEIKKINEN, Defendant-Appellant.
Case Date:April 13, 1955
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 890

221 F.2d 890 (7th Cir. 1955)

The UNITED STATES of America, Plaintiff-Appellee,

v.

Knut Einar HEIKKINEN, Defendant-Appellant.

No. 11208.

United States Court of Appeals, Seventh Circuit.

April 13, 1955

Rehearing Denied May 16, 1955.

Page 891

M. Michael Essin, Milwaukee, Wis., Kenneth J. Enkel, Minneapolis, Minn., for appellant.

George E. Rapp, U.S. Atty., Madison, Wis., James H. McDermott, Asst. U.S. Atty., Madison, Wis., for appellee.

Before MAJOR, FINNEGAN and SCHNACKENBERG, Circuit Judges.

FINEGAN, Circuit Judge.

In its revision, enacted June 27, 1952, of laws relating to immigration, naturalization and nationality, Congress provided in the Immigration and Nationality Act, 66 Stat. 163, 281, § 407 (1952), 8 U.S.C.A. § 1101 note, inter alia:

'Sec. 407. * * * this Act shall take effect at 12:01 ante meridian United States Eastern Standard Time on the one hundred eightieth day immediately following the date of its enactment.'

Section 241(a) of that Act, 8 U.S.C.A. § 1251(a), specifies various grounds for deportation, and by clear language brings within its sweep an alien who 'is or at any time has been' a member of any one of several itemized classifications. This provision is geared to § 242(e), him and, (II) wilful failure to make

Defendant, an alien, was found guilty April 13, 1954, by a jury on two counts of an indictment citing 8 U.S.C. 137 and § 1, Act of Oct. 16, 1918, as amended, 64 Stat. 1006, now see: 66 Stat. 163, 211, 242(e), 8 U.S.C.A. § 1252(e), charging: (I) wilful failure to depart from the United States within six months after an order of deportation was entered against him and, (ii) wilful failure to make timely application for travel or other documents necessary for his departure. Challenging the judgment entered below, he invokes the Fifth and Sixth Amendments, and Article I, § 9, cl. 3, of the Constitution.

Heikkinen v. United States, 7 Cir., 1953, 208 F.2d 738, and United States ex rel. Heikkinen v. Gordon, 8 Cir., 1951, 190 F.2d 16, each supply historical facts, also appearing in the briefs and record here, consequently it is unnecessary to detail them. Government Exhibit 2 contains the Immigration and Naturalization Service, Department of Justice, findings of deportability:

'(2) That respondent is subject to deportation under the Act of October 16, 1918, as amended, in that he was, after entry, a member of the following class set forth in Section 1 of said Act; an alien who was a member of the Communist Party of the United States.'

After disposing, in its findings, of various contentions interposed on the alien's behalf, by his counsel, this exhibit concludes with:

'Order: It is ordered that the alien be deported from the United States pursuant to law, on the following charges:

'The Immigration Act of May 26, 1924, in that, at the time of entry, he was an immigrant not in possession of a valid immigration visa and not exempted from the presentation thereof by said Act or regulations made thereunder;

'The Act of October 16, 1918, as amended, in that he was, after entry, a member of the following class set forth in Section 1 of said Act. An alien who was a member of the Communist Party of the United States.'

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