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HOY v. MENDOZA-RIVERA

No. 16107.

267 F.2d 451 (1959)

Richard C. HOY, District Director of Immigration and Naturalization Service, Los Angeles, California, Appellant, v. Manuel MENDOZA-RIVERA, Appellee.

United States Court of Appeals Ninth Circuit.

April 3, 1959.

Attorney(s) appearing for the Case

Laughlin E. Waters, U.S. Atty., Henry P. Johnson, Richard A. Lavine, Asst. U. S. Attys., Los Angeles, Cal., for appellant.

Harlin M. Fuller, Los Angeles, Cal., for appellee.

Before FEE, BARNES and HAMLIN, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

Mendoza-Rivera brought a declaratory judgment proceeding seeking in the ultimate a pronouncement that he is not deportable by appellant as an officer of the Immigration and Naturalization Service. He is not in custody. The trial court passed the judgment prayed for, and the District Director appealed.

Mendoza-Rivera is a Mexican by birth and parentage. He has resided in this country since he was two years old. He was convicted...

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