Rowoldt v. Perfetto, 15383.
| Decision Date | 26 March 1956 |
| Docket Number | No. 15383.,15383. |
| Parties | Charles ROWOLDT, Appellant, v. J. D. PERFETTO, Acting Officer in Charge, Immigration and Naturalization Service, Department of Justice, St. Paul, Minnesota, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Kenneth J. Enkel, Minneapolis, Minn., for appellant.
Clifford Janes, Asst. U. S. Atty., St. Paul, Minn. (George E. MacKinnon, U. S. Atty., St. Paul, Minn., was with him on the brief), for appellee.
Before SANBORN, JOHNSEN, and VAN OOSTERHOUT, Circuit Judges.
Writ of Certiorari Granted March 26, 1956. See 76 S.Ct. 545.
Counsel for Charles Rowoldt, an alien who was in custody under a warrant for deportation issued April 16, 1952, by the Acting District Director, Chicago District, Immigration and Naturalization Service, Department of Justice, petitioned the District Court for Rowoldt's release on habeas corpus. The court issued an order to show cause directed to the respondent (appellee). After the filing of the respondent's return and after a hearing, the court denied the petition for a writ, and Rowoldt has appealed.
The deportation warrant followed proceedings conducted by the Immigration and Naturalization Service of the Department of Justice such as are customary in like cases. Rowoldt was accorded a hearing before a Hearing Officer on February 16, 1951, and March 28, 1951. He was represented by counsel of his own choosing. One of the charges against Rowoldt was that he was an alien who, after entry into the United States, was a member of the Communist Party of the United States, a charge which, if sustained, required his deportation, since Section 22 of the Internal Security Act of 1950, 64 Stat. 987, 1006, 1008, amending the Act of October 16, 1918, as amended,1 provides that the Attorney General shall take into custody and deport any alien "who was at the time of entering the United States, or has been at any time thereafter, * * * a member of any one of the classes of aliens enumerated in section 1(2) of this Act * * *." (Page 1008.)1 Subparagraph (C) of section 1(2) lists "Aliens who are members of or affiliated with (i) the Communist Party of the United States * * *." (Page 1006.)
Upon the evidence adduced before the Hearing Officer in the deportation proceedings, he, on May 15, 1951, found as facts: (1) That Rowoldt is an alien, a native and citizen of Germany; (2) that he last entered the United States in or about 1923 or 1924; and (3) that he was a member of the Communist Party of the United States in 1935.
The Hearing Officer concluded that Rowoldt was subject to deportation under the applicable statute, and should be deported. Rowoldt on May 21, 1951, filed exceptions to the decision and order of the Hearing Officer. On November 27, 1951, the proceedings before that Officer were reviewed in detail by the Assistant Commissioner, Adjudications Division of the Department of Justice Immigration and Naturalization Service, who ordered Rowoldt deported on the charge found by the Hearing Officer to have been sustained.
Rowoldt appealed to the Board of Immigration Appeals, Department of Justice, from the order of deportation of November 27, 1951. On March 28, 1952, the Board, after a hearing, dismissed the appeal, after stating:
Rowoldt makes two contentions: (1) that the evidence is insufficient to sustain the finding upon which...
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Alexander v. Butterfield, Civ. A. 15534.
...witness—hampered plaintiff in his defense, this court has no right to set the order of deportation aside on these grounds. Rowoldt v. Perfetto, 8 Cir., 228 F.2d 109. As stated therein the burden of demonstrating error or prejudice is on plaintiff and he has not met that burden. We hold, the......
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Rowoldt v. Perfetto
...that the evidence produced at the hearing was sufficient to sustain the finding that petitioner was a 'member' of the Communist Party. 228 F.2d 109. As the case involves an application of Galvan v. Press, 347 U.S. 522, 74 S.Ct. 737, 98 L.Ed. 911, we granted certiorari. 350 U.S. 993, 76 S.Ct......
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United States v. Lehmann, 12710.
...and whatever view one may have of the wisdom of the means which Congress employed to meet its desired end." See also Rowoldt v. Perfetto, 8 Cir., 228 F.2d 109. In the present case there was substantial evidence that appellant was an active member of the Communist Party of the United States,......