v2879-1072

Document Title Page

JURISDICTION

This Appeal is from the Findings of Fact and Con-

clusions of Law (TR. p 98) of the District Court, dis-

missing Appellant's Petition for Writ of Habeas

Corpus. This Court's jurisdiction lies in Sec. 463 et

seq U.S.C.A. title 28.

QUESTION PRESENTED

Whether there was reasonable, substantial and pro-

bative evidence to the effect that Appellant was "a

member of the Communist Party" to support the

Order and Warrant of Deportation.

PROVISIONS OF CONSTITUTION

AND STATUTES INVOLVED

Sec. 1, 4, Act of October 16, 1918 as amended by

the Internal Security Act of 1950, Public Law 831;

8 USC 137; Sec. 19, Act of February 5, 1917; 8 USC

155-8 USCA 137-3(a)

"Any alien who was at time of entering the United

States or has been at any time thereafter a mem-

ber of any one of the classes of aliens enumerated

in subdivision (1) or (3) or Section 137 of this title

. . . shall, upon the warrant of the Attorney Gen-

eral, be taken into custody and deported in the

manner provided in the Immigration Act of Feb-

ruary 5, 1917."

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