Arthur Goldberg

“ Petitioner is charged with being an alien who after entry had become a member of the Communist Party, and thus subject to deportation under § 241 (a) (6) (C) of the Immigration and Nationality Act of 1952. Hearings were held from April through July 1956, at which the United States introduced testimony of two witnesses as to petitioner's affiliation with Communist Party units in Los Angeles from 1949 to 1951, but petitioner refused to answer any question concerning his membership in the Communist Party. ”

“ The other witness, one Elorriaga, testified that he, too, joined the Communist Party in Los Angeles in 1947. He, too, was a member of the El Sereno Club, but did not meet petitioner until he was assigned to a smaller unit 'known as the Forty-Fifth Concentration,' which apparently was the same entity as the 'Mexican Concentration Club' discussed by Scarletto. Elorriaga did not recall petitioner as being a member of the El Sereno Club. Elorriaga's testimony as to the frequency of petitioner's attendance at Concentration Club meetings was contradictory. ”

“ It is a sufficient answer to the Government's argument to point out that, as recognized in Galvan, supra, 347 U.S. at 530, 74 S.Ct. at 742, and Rowoldt, supra, 355 U.S. at 120, 78 S.Ct. at 183, deportation is a drastic sanction, one which can destroy lives and disrupt families, and that a holding of deportability must therefore be premised upon evidence of 'meaningful association' more directly probative than a mere inference based upon the alien's silence. ”

“ United States, 367 U.S. 290, 81 S.Ct. 1517, 6 L.Ed.2d 836.↑ Elorriaga's testimony on direct examination was as follows:↑ Since some activities may be engaged in without the requisite awareness, satisfaction of the Government's burden as to the ultimate fact of 'meaningful association' by evidence of activities instead of by direct evidence of awareness of the Party's 'distinct and active political' nature must be based upon evidence of activities sufficient to give substantial support to an inference of the alien's awareness of the Party's political aspect. ”

“ McAlexander, 362 U.S. 390, 80 S.Ct. 799, 4 L.Ed.2d 816, in no way qualified the meaning of Rowoldt since the evidence in the record in Niukkanen clearly showed 'meaningful association.' See Niukkanen v. McAlexander, 265 F.2d 825 (C.A.9th Cir. 1959) . Two witnesses testified for the Government. ”

“ Decter, The Profile of Communism (1961) , 50-51; Ernst and Loth, Report on the American Communist (1952) , passim; Glazer, The Social Basis of American Communism (1961) , 115 and passim.↑ Compare Yates v. ”