"Comes now the United States of America by Calvin K. Hamilton, First Assistant United States Attorney for the Western District of Missouri; defendant Angelo F. Bruno; and Kenneth K. Simon, attorney for defendant Angelo F. Bruno, and hereby agree and stipulate for the purposes of the trial of the above-captioned matter, that the facts set forth hereinafter in the numbered paragraphs hereof are true and the same are hereby submitted and received in evidence subject only to objections during the trial of this cause that such facts are irrelevant and immaterial:
"1. Angelo F. Bruno was born at Licata, Sicily, Italy on January 25, 1902.
"2. Angelo F. Bruno entered the United States on March 16, 1907, at New York, New York, accompanied by: (a) his mother, Margherita Cellura Bruno, age 27; (b) his sister, Angela Bruno, age 10; and (c) his brother Vincenzo (Charles), age 8; destined to his father, Salvatore Bruno, at Kansas City, Missouri.
"3. On December 12, 1907, Salvatore Bruno, father of Angelo F. Bruno, died. At the time of his death Salvatore Bruno was an alien.
"4. During the month of June, 1933, Angelo F. Bruno made an entry into the United States at Niagara Falls, New York. This entry occurred as he was returning from a visit to Canada.
"5. On July 10, 1934, Angelo F. Bruno was arrested at Kansas City, Missouri, on a charge of selling morphine, in violation of the Harrison and Jones-Miller Narcotics Acts.
"6. On October 24, 1934, Angelo F. Bruno entered a plea of guilty to a count of an indictment charging him with violating the Harrison and Jones-Miller Narcotics Acts, and was sentenced to a term of two years.
"7. On October 30, 1934, Angelo F. Bruno was received at the United States Penitentiary, Leavenworth, Kansas, to serve the two-year sentence imposed on October 24, 1934.
"8. On May 21, 1936, an immigration warrant of arrest was issued for Angelo F. Bruno by the United States Immigration and Naturalization Service, Kansas City, Missouri.
"9. On May 22, 1936, a deportation hearing was held for Angelo F. Bruno at the United States Penitentiary Annex, Leavenworth, Kansas.
"10. On June 1, 1936, Angelo F. Bruno was conditionally released from the United States Penitentiary Annex. He was taken into custody by the United States Immigration and Naturalization Service and lodged in the Jackson County jail, Kansas City, Missouri.
"11. On June 5, 1936, Angelo F. Bruno was released on a $1,000 appearance bond by the United States Immigration and Naturalization Service at Kansas City, Missouri.
"12. July 16, 1936, a warrant was issued directing the deportation of Angelo F. Bruno to Italy.
"13. On September 24, 1936, Angelo F. Bruno filed a Petition for Writ of Habeas Corpus in the United States District Court for the Western District of Missouri.
"14. On November 27, 1937, the Petition for Writ of Habeas Corpus filed by Angelo F. Bruno on September 24, 1936, was dismissed.
"15. On December 5, 1936, Angelo F. Bruno failed to appear, as directed, at the office of the United States Immigration and Naturalization Service, Kansas City, Missouri, for deportation.
"16. On April 19, 1937, the $1,000 appearance bond posted by or on behalf of Angelo F. Bruno on June 5, 1936, was forfeited by the United States Immigration and Naturalization Service at Kansas City, Missouri.
"17. On April 23, 1943, Bruno was arrested at Detroit, Michigan, on the warrant issued July 16, 1936.
"18. On April 28, 1943, Angelo F. Bruno was released on a $2,500 appearance bond by the United States Immigration and Naturalization Service at Detroit, Michigan.
"19. On July 1, 1944, a motion filed by Angelo F. Bruno to reopen deportation proceedings to enable him to seek administrative relief under Section 19 (c) of the existing immigration law, was granted. In this motion Bruno was actually seeking suspension of the deportation or permission for voluntary departure to Canada, so that he could seek an immigrant visa for permanent residence in the United States with the guarantee to Canada that the United State would permit Angelo F. Bruno to re-enter the United States if he was not successful in getting an immigrant visa.
"20. On August 30, 1944, Angelo F. Bruno registered as an alien under the Alien Registration Act of 1940.
"21. On June 13, 1945, the warrant of deportation issued July 16, 1936, was withdrawn and Angelo F. Bruno was granted permission to voluntarily depart for Canada where he could apply for an immigrant visa for permanent residence in the United States. Under the procedure then in effect the United States guaranteed Canada that it would permit Angelo F. Bruno to re-enter the United States if he was not successful in getting an immigrant visa. After the withdrawal of the warrant of deportation issued on July 16, 1936, numerous extensions of the voluntary departure time were granted to Angelo F. Bruno.
"22. On January 15, 1948, Angelo F. Bruno applied for admission to Canada (in accordance with the voluntary departure provisions) at Windsor, Ontario, Canada, but was refused entry. He then returned to the United States side of the border at Detroit, Michigan, picked up his own personal automobile, and drove through the Detroit-Windsor tunnel to the Ambassador bridge and entered Canada as a visitor. Upon entering Canada Angelo F. Bruno proceeded directly to the American Consulate in Windsor. While at the American Consulate he was arrested by Canadian immigration authorities on January 15, 1948.
"23. On January 15, 1948, Angelo F. Bruno was deported from Canada to the United States. Upon being readmitted to the United States he was lodged in the Wayne County jail, Detroit, Michigan, as a Canadian deportee by the United States Immigration and Naturalization Service.
"24. On January 19, 1948, Angelo F. Bruno was released on a $1,000 appearance bond by the United States Immigration and Naturalization Service at Detroit, Michigan.
"25. On April 19, 1948, the $2,500 appearance bond posted at Detroit, Michigan, on April 28, 1943, was canceled due to Bruno's departure from the United States and because of the new $1,000 appearance bond posted on January 19, 1948.
"26. On November 3, 1949, a deportation hearing was commenced at Detroit, Michigan. During this hearing Angelo F. Bruno renewed his application for suspension of deportation and he was granted additional time to secure evidence to support this application.
"27. On February 7, 1950, the deportation hearing commenced on November 3, 1949, was resumed and concluded.
"28. On February 19, 1954, because of the decision of the Supreme Court in the case of Wong Yang Sung v. McGrath, 339 U.S. 33 70 S.Ct. 445, 94 L.Ed. 616 (1950), the hearing officer who conducted the deportation hearing which commenced on November 3, 1949, and was concluded on February 7, 1950, was disqualified. As a result of this disqualification new character investigations were made by the United States Immigration and Naturalization Service.
"29. On April 15, 1954, another deportation hearing was held.
"30. On July 12, 1954, a special inquiry officer of the United States Immigration and Naturalization Service denied Angelo F. Bruno's application for suspension of deportation and ordered Bruno deported to Italy.
"31. On March 5, 1955, the Board of Immigration Appeals, Washington, D. C., dismissed Angelo F. Bruno's appeal from the order of the special inquiry officer denying suspension of deportation and ordering Bruno deported to Italy.
"32. On March 15, 1955, a warrant for the deportation of Angelo F. Bruno was issued.
"33. On March 21, 1955, Angelo F. Bruno filed a petition for a Presidential pardon for the narcotics conviction of October 24, 1934.
"34. On April 15, 1955, the Immigration and Naturalization Service entered an order staying deportation of Angelo F. Bruno pending the decision on his petition for a Presidential pardon.
"35. On May 4, 1955, Angelo F. Bruno's petition for a Presidential pardon was denied.
"36. On May 17, 1959, (sic) Angelo F. Bruno surrendered himself to the United States Immigration and Naturalization Service at Kansas City, Missouri, on the warrant of deportation issued March 15, 1955. On the same date (May 17, 1955) Bruno filed a petition for Writ of Habeas Corpus in the United States District Court for the Western District of Missouri, and he was released from custody after posting a $1,000 appearance bond ordered by the ...
