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

HAMLEY, Circuit Judge.

On May 29, 1951, Martin Jimenez, a citizen of Mexico, was arrested by officers of the Immigration and Naturalization Service of the Department of Justice upon a warrant issued on January 2, 1940. In the warrant, it was charged that Jimenez was in the United States in violation of the Immigration Act of 1924, in that at the time of entry in 1928 he was not in possession of an unexpired immigration visa. Thereafter, hearings were held on the warrant charge.

During the course of these hearings, Jimenez applied for suspension of de portation under the provisions of 8 U.S.…