Jose Bernardo Estevez v. Herbert Brownell, Jr., Attorney General of the United States

EDGERTON, Circuit Judge.

Appellant’s complaint, filed in 1954, says he is a native and citizen of Honduras, last arrived in the United States in 1953, and was ordered excluded under § 212(a) (22) of the Immigration and Nationality Act of 1952, 66 Stat. 184, 8 U.S.C.A. § 1182(a) (22), on the ground that he had previously left the United States to avoid military service. He contends that the necessary intent was not shown and that the exclusion proceedings were defective in other respects. He asks that these proceedings be declared void. The District Court dismissed his complaint on the ground…