Martin Jimenez v. Bruce Barber, District Director of the Immigration and Naturalization Service for the Thirteenth Immigration District, Undocketed

Martin Jimenez appeals from a decision of the United States District Court for the Northern District of California in a suit for a declaratory judgment holding, in accord with the Attorney General’s decision, that he is not eligible to be considered for a suspension of deportation under 8 U.S.C. § 155 1 (now superseded by 8 U.S.C. § 1254). He seeks a stay of his deportation pending his appeal. We think that Jimenez has presented a substantial question for appeal and that the deportation should be stayed.

Jimenez alleges that he was held ineligible to apply for suspension of deportation because…