Gerald Joseph Lavoie v. United States Immigration and Naturalization Service

Petitioner seeks review of an order of the Immigration and Naturalization Service directing his deportation to Canada, grounded upon a finding that he was, at the time of his entry to this country, a homosexual and as such an alien “afflicted with psychopathic personality” and thus was of a class excludible by law at that time. §§ 241(a) and 212(a)(4), Immigration and Nationality Act, 8 U. S.C. §§ 1251(a) and 1182(a)(4).

This case is controlled by Fleuti v. Rosenberg, 302 F.2d 652, 658 (9th Cir.1962), remanded on other grounds 374 U.S. 449, 83 S.Ct. 1804, 10 L.Ed.2d 1000 (1963), where we held…