Richard C. Hoy, District Director of Immigration and Naturalization Service, Los Angeles, California v. Manuel Mendoza-Rivera

JAMES ALGER FEE, Circuit Judge.

Mendoza-Rivera brought a declaratory judgment proceeding seeking in the ultimate a pronouncement that he is not deportable by appellant as an officer of the Immigration and Naturalization Service. He is not in custody. The trial court passed the judgment prayed for, and the District Director appealed.

Mendoza-Rivera is a Mexican by birth and parentage. He has resided in this country since he was two years old. He was convicted in the state court of the possession of flowering tops and leaves of Indian Hemp, a misdemeanor under California law, and sentenced to…