Herbert Brownell, Jr., Attorney General of the United States v. Einar Rasmussen

WASHINGTON, Circuit Judge.

Plaintiff-appellee obtained a declaratory judgment in the District Court that he “is not ineligible for citizenship upon the ground that he claimed exemption [from liability for service under the Selective Training and Service Act of 1940 * ] as a neutral alien,” and accordingly is not subject to deportation upon the ground that he entered the United States illegally. When we previously heard this case, we were of the opinion that under Heikkila v. Barber, 1953, 345 U.S. 229, 73 S.Ct. 603, 97 L.Ed. 972, the District Court was without jurisdiction to review a…