U.S. Court of Appeals for the Ninth Circuit, 1958

Juan Trinidad Diaz v. Bruce G. Barber, District Director, Immigration and Naturalization Service

U.S. Court of Appeals for the Ninth Circuit · Decided November 21, 1958 · Bone, Orr, Chambers

261 F.2d 300; 1958 U.S. App. LEXIS 3255 (Federal Reporter, Second Series)

Counsel

Gladstein, Andersen, Leonard & Sib-bett, George R. Andersen, San Francisco, Cal., for appellant., Lloyd H. Burke, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Cases that cite this one

3 later published cases cite this decision.

Najjar v. Reno (United States District Court for the Southern District of Florida 2000)
Niukkanen v. Mcalexander (9th Cir. 1959)
Niukkanen v. McAlexander (9th Cir. 1959)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

CHAMBERS, Circuit Judge.

The Immigration Service under applicable statutes seeks to deport Diaz, a Spanish alien, because of his past connections with the Communist party.

Over and over again we have reviewed the record. Like Rowoldt in Rowoldt v. Perfetto, 355 U.S. 115, 78 S. *301 Ct. 180, 2 L.Ed.2d 140, Diaz is a small rabbit in the Communist hutch.

If we felt free to follow the minority decision in Rowoldt we would do so. But our sober judgment is that the facts are comparable and the proof, by the standards of Rowoldt, as against this old and somewhat uneducated laborer, does not show the “meaningful association” as required by the majority in Rowoldt. In disparagement of this conclusion there are many things that can be said, but we think they are arguments against Ro-woldt.

The judgment is reversed.

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