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REYES v. NEELLY

No. 17435.

264 F.2d 673 (1959)

Felix Martinez REYES joined by Jose Martinez, Benjamin Martinez and Guadalupe Martinez, Appellant, v. Marcus T. NEELLY, Director of Immigration & Naturalization Service, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 22, 1959.

Attorney(s) appearing for the Case

Wellington Y. Chew, El Paso, Tex., for appellant.

James E. Hammond, Asst. U. S. Atty., El Paso, Tex. (Russell B. Wine, U. S. Atty., San Antonio, Tex., on the brief), for appellee.

Before HUTCHESON, Chief Judge, and RIVES and JONES, Circuit Judges.

HUTCHESON, Chief Judge.

Alleging that, upon an immigration show cause hearing, he was found deportable for the reason that he was not, as he was required to be, in possession of an immigrant visa at the time of entry into the United States, plaintiff brought this suit under Sec. 1503, Title 8 U.S. C.A., for a judgment declaring that he was a national and citizen of the United States.

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