United States v. Garfinkel, Civ. A. No. 15338.
| Decision Date | 11 July 1957 |
| Docket Number | Civ. A. No. 15338. |
| Citation | 158 F. Supp. 524 |
| Parties | UNITED STATES of America ex rel. Roy Joseph FELLS, Petitioner, v. Charles GARFINKEL, Respondent. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Robert S. Grigsby, Pittsburgh, Pa., for petitioner.
On May 24, 1956, petitioner, an alien, pleaded guilty to charges of issuing bank checks with intent to defraud in the State of California. On June 15, 1956, petitioner was sentenced to a term of one year in the county jail. This sentence was suspended and petitioner was placed on probation. On July 5, 1956, following a hearing, petitioner was ordered deported from the United States, and on August 14, 1956, he was deported to Canada. Several days later, petitioner returned to this country. In November he was arrested and, following another deportation hearing, was again ordered deported. Petitioner seeks a review of these proceedings by means of his present petition for a writ of habeas corpus.
The first deportation order was based on Section 241(a) (4) of the Immigration and Nationality Act (8 U.S.C.A. § 1251(a) (4)) which provides as follows:
Petitioner contends that the first deportation order was invalid since it was based upon a conviction, sentence for which was suspended. Petitioner relies upon United States ex rel. Robinson v. Day, 2 Cir., 1931, 51 F.2d 1022; Bermann v. Reimer, 2 Cir., 1941, 123 F.2d 331, and Pino v. Nicolls, 1 Cir., 1954, 215 F.2d 237, 240. Petitioner contends that the second order was also invalid since it was based upon a previous invalid order.
The cases cited by petitioner involved the construction of Section 19 of the Immigration Act of 1917 (8 U.S.C. § 155) which provided for the deportation of aliens who had been "sentenced to imprisonment for a term of one year or more." The courts in these cases held that Section 19 required actual imprisonment for a year or more as a ground for deportation and that a suspended sentence was not sufficient.
In enacting the Immigration and Nationality Act in 1952, Congress changed the language of this section. As quoted above, Section 241 of the Act provides for the...
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