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NEVAREZ v. BROWNELL

No. 15153.

218 F.2d 575 (1955)

Armando Valenzuela NEVAREZ, individually and as next friend of Maria Magdalena Valenzuela, a minor, et al., Appellants, v. Herbert BROWNELL, Jr., Attorney General of the United States, etc., Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 24, 1955.

Attorney(s) appearing for the Case

Albert Armendariz, El Paso, Tex., for appellants.

Francis C. Broaddus, Jr., Asst. U. S. Atty., El Paso, Tex., Charles F. Herring, U. S. Atty., Austin, Tex., Holvey Williams, Asst. U. S. Atty., El Paso, Tex., for appellee.

Before BORAH and TUTTLE, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

Appellant went to Mexico from this country when it entered the second world war in 1941. In 1948 he attempted to re-enter but was excluded on the ground that his absence was for the purpose of avoiding military service1 and this order was affirmed administratively.

On February 2, 1950, appellant entered the United States at El Paso by declaring himself a citizen, was apprehended and, after hearing on April...

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