No. 17654.

302 F.2d 139 (1962)

Jose SIABA-FERNANDEZ, Petitioner, v. George K. ROSENBERG, District Director of Immigration and Naturalization, Respondent.

United States Court of Appeals Ninth Circuit.

April 11, 1962.

Attorney(s) appearing for the Case

Philip Barnett, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Donald Fareed and James R. Dooley, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.


Plaintiff filed this action in the district court praying that "the matter be remanded to the Immigration and Naturalization Service for further hearing on plaintiff's rights to further discretionary relief based upon his family ties in the United States," and that a "declaratory judgment be made herein declaring the outstanding order and warrant for his deportation null, void and unenforceable." By order dated November 7, 1961 the district court transferred...

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