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BARREIRO v. BROWNELL

No. 13863.

215 F.2d 585 (1954)

Joao Simoes BARREIRO, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 23, 1954.

Attorney(s) appearing for the Case

Joseph A. Brown, San Francisco, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., Milton T. Simmons, Acting Dist. Counsel, Immigration & Naturalization Service, San Francisco, Cal., for appellee.

Before MATHEWS, BONE and CHAMBERS, Circuit Judges.

MATHEWS, Circuit Judge.

On September 28, 1951, in the United States District Court for the Northern District of California, appellant, Joao Simoes Barreiro, a deportable alien, commenced an action against J. Howard McGrath, the then Attorney General of the United States,1 for a judgment declaring that appellant was eligible for suspension of deportation. The Attorney General answered, a trial was had, an opinion2

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