Branch v. Cahill, 8160.
| Decision Date | 23 February 1937 |
| Docket Number | No. 8160.,8160. |
| Citation | 88 F.2d 545 |
| Parties | BRANCH v. CAHILL. |
| Court | U.S. Court of Appeals — Ninth Circuit |
George R. Andersen, of San Francisco, Cal., for appellant.
H. H. McPike, U. S. Atty., and Robert L. McWilliams, Asst. U. S. Atty., both of San Francisco, Cal. (Arthur J. Phelan, U. S. Immigration and Naturalization Service, of San Francisco, Cal., on the brief), for appellee.
Before MATHEWS and HANEY, Circuit Judges, and NETERER, District Judge.
Appellant has appealed from an order denying a petition for a writ of habeas corpus filed in his behalf.
Appellant is a subject of Great Britain, and was admitted to the United States in 1923.
8 U.S.C.A. § 137 provides for the exclusion of certain classes of aliens, including, "(e) Aliens who are members of or affiliated with any organization, association, society, or group, that writes, circulates, distributes, prints, publishes, or displays * * * any written or printed matter of the character described in paragraph (d)."
The matter described in paragraph (d) is "* * * any written or printed matter * * * advising, advocating, or teaching: (1) the overthrow by force or violence of the Government of the United States."
Paragraph (g) provides for deportation of "any alien who, at any time after entering the United States, is found to have been at the time of entry, or to have become thereafter, a member of any one of the classes of aliens enumerated in this section."
On October 5, 1934, the district director of the Immigration and Naturalization Service recommended that the Secretary of Labor issue his warrant for the arrest of appellant on the ground that appellant had violated the above statutes. Warrant was issued on October 30, 1934, and ordered that appellant be given a fair hearing. Appellant was arraigned on November 17, 1934. After the hearing, the immigrant inspector who had conducted the hearing recommended deportation. The Board of Review on May 29, 1935, recommended deportation of appellant on the ground "that he has been found in the United States in violation of the Act of Oct. 16, 1918, as amended by the Act of Oct. 16, 1918, as amended by the Act of June 5, 1920, in that he is affiliated with an organization, association, society and group that writes, circulates, distributes, prints, publishes, and displays printed matter advising, advocating, and teaching the overthrow by force and violence of the government of the United States."
On June 17, 1935, Assistant to the Secretary of Labor ordered deportation. Thereafter the petition in the present proceeding was filed.
Appellant contends that the evidence is insufficient to show that he was affiliated with an organization which believes in the overthrow of the government by force and violence.
In such a proceeding the order denying the petition must be affirmed if there is any evidence from which the conclusion of the administrative tribunal could be deduced. United States ex rel. Vajtauer v. Com'r of Immigration, 273 U.S. 103, 106, 47 S.Ct. 302, 303, 71 L.Ed. 560.
1. There is ample evidence to show that appellant was "affiliated" with the Communist Party. He was employed as managing editor of the "Western Worker" which is, as stated in the paper, "published on the 1st and 15th of every month by the Communist Party, U. S. A." Appellant was instructor and had been a director in the "San Francisco Workers School," the nature of which is explained by the following excerpt from an announcement of courses:
"It is necessary to state that the Workers School is the only school in San Francisco which authoritatively bases its education on the theory of Marxism-Leninism under the official guidance and leadership of the Communist Party of...
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