Isao Hitai, Also Known as Mario Isao Hitai v. Immigration and Naturalization Service

HAYS, Circuit Judge.

Petitioner, a citizen of Brazil, was born in Brazil. His father, who is now dead, was a Brazilian citizen as is his mother who is still living. Both parents were, as the special inquiry officer found, “natives of Japan of the Japanese or Asiatic race.”

Petitioner entered this country as a temporary visitor for pleasure on January 25, 1964, with permission to remain in that status until June 30, 1964.

In May 1964 the Immigration and Naturalization Service commenced deportation proceedings charging petitioner with having violated the terms of his permission to enter as a…