JUAN TRINIDAD DIAZ, APPELLANT,
v.
BRUCE G. BARBER, DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE, APPELLEE

9th Cir. | 1958-11-21
No. 15214
261 F.2d 300 United States Court of Appeals for the Ninth Circuit (1958) Caution
Cited by 3 cases
Opinion of the Court
CHAMBERS, Circuit Judge.

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. 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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  • Willia Niukkanen v. McALEXANDER, 265 F.2d 825 (9th Cir. 1959)
  • Najjar v. Reno, 97 F. Supp. 2d 1329 (S.D. Fla. 2000)
    …n inference of his awareness of the Party’s political aspect”); Rowoldt, 355 U.S. at 121, 78 S.Ct. 180 (holding that record was “too insubstantial” to demonstrate “meaningful association” required by INA for deportation); Diaz v. Barber, 261 F.2d 300, 301 (9th Cir.1958) (holding that evidence of alien’s past “connections” with Communist Party did not demonstrate “meaningful association” under INA). 2. First Amendment Petitioner also argues that the IJ’s decision to deny his release on bo…

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