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JIMENEZ v. BARBER

No. 14923.

235 F.2d 922 (1956)

Martin JIMENEZ, Appellant, v. Bruce BARBER, District Director of the Immigration and Naturalization Service for the Thirteenth Immigration District, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 30, 1956.

Attorney(s) appearing for the Case

McMurray, Brotsky, Walker, Bancroft & Tepper, Lloyd E. McMurray, San Francisco, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge and HASTIE, Circuit Judge, and TOLIN, District Judge.

HASTIE, Circuit Judge.

Appellant Martin Jimenez is an alien. He filed his complaint in the district court for injunctive and declaratory relief challenging the action of a District Director of the Immigration and Naturalization Service in taking him into custody for deportation. The complaint concedes that there is lawful basis for appellant's deportation but asserts that the Attorney General has improperly disposed of his application for suspension of deportation...

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